Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a (...) class='Hi'>right. In contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

The stakes associated with an algorithmic decision are often said to play a role in determining whether the decision engenders a right to an explanation. More specifically, “high stakes” decisions are often said to engender such a right to explanation whereas “low stakes” or “non-high” stakes decisions do not. While the overall gist of these ideas is clear enough, the details are lacking. In this paper, we aim to provide these details through a detailed investigation of (...) what we will call the “Simple Stakes Thesis”. The Simple Stakes Thesis, as it will turn out, is too simple. For even if the stakes associated with a specific one-off decision are low—and hence does not engender a right to an explanation—such decisions may nevertheless form part of a high stakes pattern or aggregate of decisions. In such cases, we argue, even a low stakes decision may engender a right to explanation. Not only does this show that the right to explanation is more demanding than so far recognized. It also shows that the stakes thesis is significantly harder to apply in practice. (shrink)

This paper addresses whether the often-bemoaned loss of unity of knowledge about humans, which results from the disciplinary fragmentation of science, is something to be overcome. The fragmentation of being human rests on a couple of distinctions, such as the nature-culture divide. Since antiquity the distinction between nature (roughly, what we inherit biologically) and culture (roughly, what is acquired by social interaction) has been a commonplace in science and society. Recently, the nature/culture divide has come under attack in various ways, (...) in philosophy as well as in cultural anthropology. Regarding the latter, for instance, the divide was quintessential in its beginnings as an academic dis-cipline, when Alfred L. Kroeber, one of the first professional anthropologists in the US, rallied for (what I call) the right to ignore—in his case, human nature—by adopting a separationist epistemic stance. A separationist stance will be understood as an epistemic research heuristic that defends the right to ignore a specif-ic phenomenon (e.g., human nature) or a specific causal factor in an explanation typical for a disciplinary field. I will use Kroeber’s case as an example for making a general point against a bias towards integration (synthesis bias, as I call it) that is exemplified, for instance, by defenders of evolutionary psychology. I will claim that, in principle, a separationist stance is as good as an integrationist stance since both can be equally fruitful. With this argument from fruitful sepa-ration in place, not just the separationist stance but also the nature/culture di-vide can be defended against its critics. (shrink)

Subjective rights enjoy limited import in Kelsenian theory for whereas the concept of duty underlies every legal norm, that of rights is merely possible and only emerges when the imposition of the sanction attached to the breach of the duty is made dependent upon a subject's will to bring legal action. The presence of secondary norms establishing certain duties of medical professionals on informed consent displays the existence of correlative reflex rights of patients. Yet, together with secondary norms, Western legal (...) systems typically institute norms of competence enabling patients to take legal action when those duties correlative to their reflex right to informed consent have been infringed. Thus, informed consent constitutes a set of subjective legal positions of patients and medical professionals. Despite its excessive formalism and questionable neutrality, the Kelsenian approach permits to define and clearly distinguish patients' genuine rights from mere aspirations devoid of legal basis. (shrink)

The ongoing explosion of interest in artificial intelligence is fueled in part by recently developed techniques in machine learning. Those techniques allow automated systems to process huge amounts of data, utilizing mathematical methods that depart from traditional statistical approaches, and resulting in impressive advancements in our ability to make predictions and uncover correlations across a host of interesting domains. But as is now widely discussed, the way that those systems arrive at their outputs is often opaque, even to the experts (...) who design and deploy them. Is it morally problematic to make use of opaque automated methods when making high-stakes decisions, like whether to issue a loan to an applicant, or whether to approve a parole request? Many scholars answer in the affirmative. However, there is no widely accepted explanation for why transparent systems are morally preferable to opaque systems. We argue that the use of automated decision-making systems sometimes violates duties of consideration that are owed by decision-makers to decision-subjects, duties that are both epistemic and practical in character. Violations of that kind generate a weighty consideration against the use of opaque decision systems. In the course of defending our approach, we show that it is able to address three major challenges sometimes leveled against attempts to defend the moral import of transparency in automated decision-making. (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even (...) though they can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

The concepts of right action and virtuous motivation are clearly connected, in that we expect people with virtuous motives to at least often act rightly. Two well-known views explain this connection by defining one of the concepts in terms of the other. Instrumentalists about virtue identify virtuous motives as those that lead to right acts; virtue-ethicists identify right acts as those that are or would be done from virtuous motives. This paper outlines a rival explanation, based (...) on the “higher-level” account of virtue defended in the author’s Virtue, Vice, and Value and by earlier philosophers such as Rashdall, Moore, and Ross. On this account rightness and virtue go together because each is defined by a (different) relation to some other, more basic moral concept. Their frequent coincidence is therefore like a correlation between A and B based not on either’s causing the other but on their being joint effects of a single common cause C. (shrink)

I argue that rights-forfeiture by itself is no path to permissibility at all (even barring special circumstances), neither in the case of self-defense nor in the case of punishment. The limiting conditions of self-defense, for instance – necessity, proportionality (or no gross disproportionality), and the subjective element – are different in the context of forfeiture than in the context of justification (and might even be absent in the former context). In particular, I argue that a culpable aggressor, unlike an innocent (...) aggressor, forfeits rights against proportionate defense, including unnecessary defense (as well as rights against the infliction of proportionate non-defensive harm). Yet, I demonstrate that this stance need not lead to the abandonment of the necessity condition of justified self-defense in the case of a culpable aggressor. Since justification and liability are not the same, there is no reason to assume that the necessity condition of justified self-defense must be explained under an appeal to the aggressor’s rights. Parallel arguments apply to the other limiting conditions of permissible self-defense as well as to the limiting conditions of permissible punishment. Accordingly, I also sketch alternative explanations of the proportionality requirement and the subjective element. All these alternative explanations appeal to a principle of precaution: instead of explaining the unjustifiability of unnecessarily harming a culpable attacker or wrongdoer by an appeal to the rights of the attacker or wrongdoer himself, one can also, and better, explain it by a requirement to take reasonable precautions against violating the rights of innocent people. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics (...) relies on premises that upset Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

This paper offers an alternate explanation of cases from the doxastic wronging literature. These cases violate what I call the degree of inquiry right—a novel account of zetetic obligations to inquire when interests are at stake. The degree of inquiry right is a moral right against other epistemic agents to inquire to a certain threshold when a belief undermines one’s interests. Thus, the agents are sometimes obligated to leave inquiry open. I argue that we have relevant (...) interests in reputation, relationships, and the well-being of our social groups. These interests generate obligations against others to “do their homework” before closing inquiry. This alternate account makes better sense of puzzles that accounts of doxastic wronging fall prey to. (shrink)

Inflationists have argued that truth is a causal-explanatory property on the grounds that true belief facilitates practical success: we must postulate truth to explain the practical success of certain actions performed by rational agents. Deflationists, however, have a seductive response. Rather than deny that true belief facilitates practical success, the deflationist maintains that the sole role for truth here is as a device for generalisation. In particular, each individual instance of practical success can be explained only by reference to a (...) relevant instance of a T-schema; the role of truth is just to generalise over these individualised explanations. I present a critical problem for this strategy. Analogues of the deflationist’s individualised explanations can be produced by way of explanation of coincidental instances of practical success where the agent merely has the right false beliefs. By deflationary lights, there is no substantive explanatory difference between such coincidental and non-coincidental instances of practical success. But the non-/coincidental distinction just is an explanatory distinction. The deflationist’s individualised explanations of non-coincidental instances of practical success must therefore be inadequate. However, I argue that the deflationist’s prospects for establishing an explanatory contrast between these cases by supplementing her individualised explanations are, at best, bleak. The inflationist, by contrast, is entitled to the obvious further explanatory premise needed to make sense of the distinction. As such, pending some future deflationary rejoinder, the deflationary construal of the principle that true belief facilitates practical success must be rejected; and with it the deflationary conception of truth. (shrink)

Normative explanations, which specify why things have the normative features they do, are ubiquitous in normative theory and ordinary thought. But there is much less work on normative explanation than on scientific or metaphysical explanation. Skow (2016) argues that a complete answer to the question why some fact Q occurs consists in all of the reasons why Q occurs. This paper explores this theory as a case study of a general theory that promises to offer us a grip (...) on normative explanation which is independent of particular normative theories. I first argue that the theory doesn’t give an adequate account of certain enablers of reasons which are important in normative explanation. I then formulate and reject three responses on behalf of the theory. But I suggest that since theories of this general sort have the right kind of resources to illuminate how normative explanation might be similar to and different from explanations in other domains, they nonetheless merit further exploration by normative theorists. (shrink)

Michael Strevens’s book Depth is a great achievement.1 To say anything interesting, useful and true about explanation requires taking on fundamental issues in the metaphysics and epistemology of science. So this book not only tells us a lot about scientific explanation, it has a lot to say about causation, lawhood, probability and the relation between the physical and the special sciences. It should be read by anyone interested in any of those questions, which includes presumably the vast majority (...) of readers of this journal. One of its many virtues is that it lets us see more clearly what questions about explanation, causation, lawhood and so on need answering, and frames those questions in perspicuous ways. I’m going to focus on one of these questions, what I’ll call the Goldilocks problem. As it turns out, I’m not going to agree with all the details of Strevens’s answer to this problem, though I suspect that something like his answer is right. At least, I hope something like his answer is right; if it isn’t, I’m not sure where else we can look. (shrink)

A common argument against explanatory reductionism is that higher‐level explanations are sometimes or always preferable because they are more general than reductive explanations. Here I challenge two basic assumptions that are needed for that argument to succeed. It cannot be assumed that higher‐level explanations are more general than their lower‐level alternatives or that higher‐level explanations are general in the right way to be explanatory. I suggest a novel form of pluralism regarding levels of explanation, according to which explanations (...) at different levels are preferable in different circumstances because they offer different types of generality, which are appropriate in different circumstances of explanation. (shrink)

This paper champions the view (REG) that the concept of a normative reason for an agent S to perform an action A is that of an explanation why it would be good (in some way, to some degree) for S to do A. REG has numerous virtues, but faces some significant challenges which prompt many philosophers to be skeptical that it can correctly account for all our reasons. I demonstrate how five different puzzles about normative reasons can be solved (...) by attention to the concept of goodness, and in particular observing the ways in which it—and consequently, talk about reasons—is sensitive to context (ends and information). Rather than asking simply whether or not certain facts are reasons for S to do A, we need to explore the contexts in which it is and is not correct to describe a certain fact as “a reason” for S to do A. These five puzzles concern: (1) reasons for attitudes of the “right kind”, (2) evidence as reasons, (3) normative facts as reasons, (4) subjective reasons, and (5) attitudes as reasons. (shrink)

This paper critiques the new mechanistic explanatory program on grounds that, even when applied to the kinds of examples that it was originally designed to treat, it does not distinguish correct explanations from those that blunder. First, I offer a systematization of the explanatory account, one according to which explanations are mechanistic models that satisfy three desiderata: they must 1) represent causal relations, 2) describe the proper parts, and 3) depict the system at the right ‘level.’ Second, I argue (...) that even the most developed attempts to fulfill these desiderata fall short by failing to appropriately constrain explanatorily apt mechanistic models. -/- *This paper used to be called "The Emperor's New Mechanisms". (shrink)

The dissertation investigates whether virtue ethics can provide the normative ground for the justification of rights. Most justificatory accounts of rights consist in different explanations of the function of rights. On the view I will defend, rights have a plurality of functions and one of the main functions of rights is to make the right-holder more virtuous. The idea that the possession of rights leads to the development of virtues, called the function of virtue acquisition, is the core of (...) a virtue-based justification of rights elaborated in this dissertation. Based on Leif Wenar’s Kind-Desire Theory of rights and Nancy E. Snow’s Minimal Virtue of the Folk, I argue that there are two general types of rights, enabling rights and protective rights, and that both types are essential to the development of virtues. Enabling rights have the function of virtue acquisition because they allow the right-holder to strive for approximation of ideal role models while performing duties and other tasks. Such models are called heuristic models of virtues for they define what virtues are and how these virtues should be expressed in action. Some protective rights, namely promissory rights and the power-right to promise, behave like enabling rights when it comes to their ability to develop virtues. Other protective rights, especially children’s rights, make right-holders more virtuous via protecting their essential needs. The dissertation succeeds in elaborating the virtue-based justification of many rights, hence it suggests that people hold and should have rights because rights make them better people. (shrink)

A common kind of explanation in cognitive neuroscience might be called functiontheoretic: with some target cognitive capacity in view, the theorist hypothesizes that the system computes a well-defined function (in the mathematical sense) and explains how computing this function constitutes (in the system’s normal environment) the exercise of the cognitive capacity. Recently, proponents of the so-called ‘new mechanist’ approach in philosophy of science have argued that a model of a cognitive capacity is explanatory only to the extent that it (...) reveals the causal structure of the mechanism underlying the capacity. If they are right, then a cognitive model that resists a transparent mapping to known neural mechanisms fails to be explanatory. I argue that a functiontheoretic characterization of a cognitive capacity can be genuinely explanatory even absent an account of how the capacity is realized in neural hardware. (shrink)

A hitherto neglected form of explanation is explored, especially its role in population genetics. “Statistically abstractive explanation” (SA explanation) mandates the suppression of factors probabilistically relevant to an explanandum when these factors are extraneous to the theoretical project being pursued. When these factors are suppressed, the explanandum is rendered uncertain. But this uncertainty traces to the theoretically constrained character of SA explanation, not to any real indeterminacy. Random genetic drift is an artifact of such uncertainty, and (...) it is therefore wrong to reify it as a cause of evolution or as a process in its own right. *Received July 2009. †To contact the author, please write to: Department of Philosophy, University of Toronto, 170 St. George St., Toronto, ON M5R 2M8, Canada; e‐mail: [email protected]. (shrink)

This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, and then showing (...) why the situation of animals is similar. I first review some of the reasons why people are resistant to the idea that animals might have rights. I then explain Kant’s conception of natural rights. I challenge the idea that duties of aid and duties of kindness to animals fit the traditional category of “imperfect duties” and argue that they are instead cases of “imperfect right.” I explain how you can hold a right against a group, and why it is legitimate to conceive of humanity as such a group. I then argue that Kant’s account of the foundation of property rights is grounded in a conception of the common possession of the Earth that grounds a right to aid and the rights of animals to be treated in ways that are consistent with their good. Finally, I return to the objections to the idea that animals have rights and offer some responses to them. (shrink)

The fact that someone is generous is a reason to admire them. The fact that someone will pay you to admire them is also a reason to admire them. But there is a difference in kind between these two reasons: the former seems to be the ‘right’ kind of reason to admire, whereas the latter seems to be the ‘wrong’ kind of reason to admire. The Wrong Kind of Reasons Problem is the problem of explaining the difference between the (...) ‘right’ and the ‘wrong’ kind of reasons wherever it appears. In this article I argue that two recent proposals for solving the Wrong Kind of Reasons Problem do not work. I then offer an alternative solution that provides a unified, systematic explanation of the difference between the two kinds of reasons. (shrink)

(Longer version - work in progress) Various accounts of distinctively mathematical explanations (DMEs) of complex systems have been proposed recently which bypass the contingent causal laws and appeal primarily to mathematical necessities constraining the system. These necessities are considered to be modally exalted in that they obtain with a greater necessity than the ordinary laws of nature (Lange 2016). This paper focuses on DMEs of the number of equilibrium positions of n-tuple pendulum systems and considers several different DMEs of these (...) systems which bypass causal features. It then argues that there is a tension between the modal strength of these DMEs and their epistemic hooking, and we are forced to choose between (a) a purported DME with greater modal strength and wider applicability but poor epistemic hooking, or (b) a narrowly applicable DME with lesser modal strength but with the right kind of epistemic hooking. It also aims to show why some kind of DMEs may be unappealing for working scientists despite their strong modality, and why some DMEs fail to be modally robust because of making ill-informed assumptions about their target systems. The broader goal is to show why such tensions weaken the case for DMEs for pendulum systems in general. (shrink)

Theories of explanation need to account for a puzzling feature of our explanatory practices: the fact that we prefer explanations that are relatively abstract but only moderately so. Contra Franklin-Hall ([2016]), I argue that the interventionist account of explanation provides a natural and elegant explanation of this fact. By striking the right balance between specificity and generality, moderately abstract explanations optimally subserve what interventionists regard as the goal of explanation, namely identifying possible interventions that would (...) have changed the explanandum. (shrink)

According to Pessimism about moral testimony, it is objectionable to form moral beliefs by deferring to another. This paper motivates Pessimism about another source of moral knowledge: propositional memory. Drawing on a discussion of Gilbert Ryle’s on forgetting the difference between right and wrong, it argues that Internalism about moral motivation offers a satisfying explanation of Pessimism about memory. A central claim of the paper is that Pessimism about memory (and by extension, testimony) is an issue in moral (...) psychology rather than moral epistemology. That is because it is best explained by appeal to claims about the constitution of moral knowledge as a state of mind, rather than requirements on belief formation. The paper also provides reason to think that the focus on testimony, pervasive in the literature, is something of a red herring. (shrink)

Mathematics clearly plays an important role in scientific explanation. Debate continues, however, over the kind of role that mathematics plays. I argue that if pure mathematical explananda and physical explananda are unified under a common explanation within science, then we have good reason to believe that mathematics is explanatory in its own right. The argument motivates the search for a new kind of scientific case study, a case in which pure mathematical facts and physical facts are explanatorily (...) unified. I argue that it is possible for there to be such cases, and provide some toy examples to demonstrate this. I then identify a potential source of scientific case studies as a guide for future work. (shrink)

ABSTRACT: One important criticism of algorithmic systems is that they lack transparency. Such systems can be opaque because they are complex, protected by patent or trade secret, or deliberately obscure. In the EU, there is a debate about whether the General Data Protection Regulation (GDPR) contains a “right to explanation,” and if so what such a right entails. Our task in this chapter is to address this informational component of algorithmic systems. We argue that information access is (...) integral for respecting autonomy, and transparency policies should be tailored to advance autonomy. -/- To make this argument we distinguish two facets of agency (i.e., capacity to act). The first is practical agency, or the ability to act effectively according to one’s values. The second is what we call cognitive agency, which is the ability to exercise what Pamela Hieronymi calls “evaluative control” (i.e., the ability to control our affective states, such as beliefs, desires, and attitudes). We argue that respecting autonomy requires providing persons sufficient information to exercise evaluative control and properly interpret the world and one’s place in it. We draw this distinction out by considering algorithmic systems used in background checks, and we apply the view to key cases involving risk assessment in criminal justice decisions and K-12 teacher evaluation. -/- The link below is to an open access version of the chapter. (shrink)

The opacity of some recent Machine Learning (ML) techniques have raised fundamental questions on their explainability, and created a whole domain dedicated to Explainable Artificial Intelligence (XAI). However, most of the literature has been dedicated to explainability as a scientific problem dealt with typical methods of computer science, from statistics to UX. In this paper, we focus on explainability as a pedagogical problem emerging from the interaction between lay users and complex technological systems. We defend an empirical methodology based on (...) field work, which should go beyond the in-vitro analysis of UX to examine in-vivo problems emerging in the field. Our methodology is also comparative, as it chooses to steer away from the almost exclusive focus on ML to compare its challenges with those faced by more vintage algorithms. Finally, it is also philosophical, as we defend the relevance of the philosophical literature to define the epistemic desiderata of a good explanation. This study was conducted in collaboration with Etalab, a Task Force of the French Prime Minister in charge of Open Data & Open Government Policies, dealing in particular with the enforcement of the right to an explanation. In order to illustrate and refine our methodology before going up to scale, we conduct a preliminary work of case studies on the main different types of algorithms used by the French administration: computation, matching algorithms and ML. We study the merits and drawbacks of a recent approach to explanation, which we baptize input-output black box reasoning or BBR for short. We begin by presenting a conceptual framework including the distinctions necessary to a study of pedagogical explainability. We proceed to algorithmic case studies, and draw model-specific and model-agnostic lessons and conjectures. (shrink)

Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked (...) but may be attacked anyway, even in one to one situations. Given that we normally think that rights are trumps, this latter claim is counter-intuitive and rather surprising, and therefore in need of justification and explanation. So far only Jonathan Quong has actually tried to provide an explanation; however, I will argue that his explanation fails and that Quong’s own account of liability is misguided. I then address Helen Frowe’s critique of the liability account. She makes the important concession that the tactical bomber has to compensate his victims, but she tries to block the conclusion that he must therefore be liable. I will demonstrate that her attempt to explain away liability fails once that concession is made. (shrink)

Gallagher is right in pointing out that scientific realism is an implicit background assumption of BNO, and that I did not give an independent argument for it. He is also right in saying that science does not _demonstrate_ the existence of certain entities, but that it assumes those entities in a process of explanation and theory formation. However, it is not true that science, as Gallagher writes (p.2), “simply” assumes the reality of certain things: such assumptions are (...) embedded in the context of an attempt to find the_ minimal _ set of ontological assumptions one has to make relative to a set of explanatory goals and relative to a specific data set in a certain domain. This parsimonious spirit is also the <blockquote> PSYCHE: http://psyche.cs.monash.edu.au/ </blockquote> spirit of SMT, which can be seen as a search for the minimal conditions under which a phenomenal self and a consciously experienced first-person perspective can emerge. (shrink)

In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop (...) a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African- inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights. (shrink)

For decades Darwinian processes were framed in the form of the Lewontin conditions: reproduction, variation and differential reproductive success were taken to be sufficient and necessary. Since Buss and the work of Maynard Smith and Szathmary biologists were eager to explain the major transitions from individuals to groups forming new individuals subject to Darwinian mechanisms themselves. Explanations that seek to explain the emergence of a new level of selection, however, cannot employ properties that would already have to exist on that (...) level for selection to take place. Recently, Hammerschmidt et al. provided a ‘bottom-up’ experiment corroborating much of the theoretical work Paul Rainey has done since 2003 on how cheats can play an important role in the emergence of new Darwinian individuals on a multicellular level. The aims of this paper are twofold. First, I argue for a conceptual shift in perspective from seeing cheats as a ‘problem’ that needs to be solved for multi-cellularity to evolve to the very ‘key’ for the evolution of multicellularity. Secondly, I illustrate the consequences of this shift for both theoretical and experimental work, arguing for a more prominent role of ecology and the multi-level selection framework within the debate then they currently occupy. (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed (...) to enshrine rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state. (shrink)

The American political landscape exhibits significant polarization. People’s political beliefs cluster around two main camps. However, many of the issues with respect to which these two camps disagree seem to be rationally orthogonal. This feature raises an epistemic challenge for the political partisan. If she is justified in consistently adopting the party line, it must be true that her side is reliable on the issues that are the subject of disagreements. It would then follow that the other side is anti-reliable (...) with respect to a host of orthogonal political issues. Yet, it is difficult to find a psychologically plausible explanation for why one side would get things reliably wrong with respect to a wide range of orthogonal issues. While this project’s empirical discussion focuses on the US context, the argument generalizes to any situation where political polarization exists on a sufficiently large number of orthogonal claims. (shrink)

The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, (...) it provides a useful way to determine how the right should be applied in various cases. (shrink)

Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires (...) resources. We owe duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

Some philosophers have recently argued that whether a true belief amounts to knowledge in a specific circumstance depends on features of the subject’s practical situation that are unrelated to the truth of the subject’s belief, such as the costs for the subject of being wrong about whether the believed proposition is true. One of the best-known arguments used to support this view is that it best explains a number of paradigmatic cases, such as the well-known Bank Case, in which a (...) difference in knowledge occurs in subjects differing exclusively with respect to their practical situation. I suggest an alternative explanation of such cases. My explanation has a disjunctive character: on the one hand, it accounts for cases in which the subject is aware of the costs of being wrong in a given situation in terms of the influence of psychological factors on her mechanisms of belief-formation and revision. On the other hand, it accounts for cases in which the subject is ignorant of the costs of being wrong in her situation by imposing a new condition on knowledge. This condition is that one knows that p only if one does not underestimate the importance of being right about whether p. I argue that my explanation has a number of advantages over other invariantist explanations: it accounts for all the relevant cases preserving the semantic significance of our ordinary intuitions, it is compatible with an intellectualist account of knowledge and it escapes several problems affecting competing views. (shrink)

How did I raise my arm? The simple answer is that I raised it as a consequence of intending to raise it. A slightly more complicated response would mention the absence of any factors which would inhibit the execution of the intention- and a more complicated one still would specify the intention in terms of a goal (say, drinking a beer) which requires arm-raising as a means towards that end. Whatever the complications, the simple answer appears to be on the (...) right track. (shrink)

Shamik Dasgupta (2016) proposes to tame the Principle of Sufficient Reason (PSR) to apply to only non-autonomous facts, which are facts that are apt for explanation. Call this strategy to tame the PSR the taming strategy. In a recent paper, Della Rocca (2020a) argues that proponents of the taming strategy, in attempting to formulate a restricted version of the PSR, nevertheless find themselves committed to endorsing a form of radical monism, which, in turn, leads right back to an (...) untamed-PSR. Suppose, for the sake of argument, that Della Rocca is right. My question is this: Is there reason to believe the principle of sufficient reason (in its untamed version)? In this paper, I argue that it is impossible for there to be a reason to believe the untamed-PSR. (shrink)

The “Right to be forgotten” lies at the heart of the infosphere debate. It embodies how mature information societies cope and deal with their memories. As such, it has become a defining issue of our time. Drawing on the author’s experience as a member of the Google Advisory panel, this paper discusses some of the salient points of the “Right to be forgotten” discourse, including: privacy vs. freedom of speech and availability vs. accessibility of information. It argues that, (...) while there should be no removal of past information, steps must be taken to ensure that this is not constantly, or unnecessarily, recalled. (shrink)

One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue (...) for the view that regards the right to healthcare as fundamentally moral in kind, which should thereby guide its legal and contractual appropriations. In particular, we respond to objections against this view stemming from issues concerning the universality and satisfiability of the right’s correlative duty. We deal with such issues by invoking the relative degree of incumbency of moral rights and the capability-relativity of positive duties. We further contend that as these factors define the scope of the moral right to healthcare, they thus constrain what we can demand as a matter of right to meet our healthcare needs in this time of the pandemic. (shrink)

Certain states in the Global North have responded to refugees seeking safety on their territories through harmful practices of border violence, detention, encampment and containment that serve to prevent and deter refugee arrivals. These practices are ostensibly justified through an appeal to a right to control borders. This paper therefore assesses whether these harmful practices can indeed be morally justified by a state’s right to control borders. It analyses whether Christopher Heath Wellman’s account of a state’s right (...) to freedom of association, which represents the most restrictive account of a state’s right to control borders available in the literature, can extend to justify current harmful practices against refugees. If not, then no available justification will be able to do so, and thus contemporary harmful practices used against refugees cannot be justified by a state’s right to control borders. (shrink)

This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient (...) for addressing the question whether and why there is a right to parent one’s biological child. Such a right is important because, in its absence, fairness towards adequate prospective parents who are involuntarily childless would demand a ‘babies redistribution’; moreover, in societies with entrenched histories of injustice there may be reasons of fairness for shuffling babies amongst all recent parents. I supplement the Brighouse-Swift account of fundamental parental rights by an account of how adequate parents acquire the right to parent their biological babies. I advance two arguments to this conclusion: by the time of birth, the birth parents will have already shouldered various burdens in order to bring children into existence, and are likely to have formed an intimate relationship with the future baby. Denying birth parents who would make at least adequate parents the right to keep their baby would be unfair to them and would destroy already formed parent-baby relationships which, I assume, are intrinsically valuable. (shrink)

Deception sometimes results in nonconsensual sex. A recent body of literature diagnoses such violations as invalidating consent: the agreement is not morally transformative, which is why the sexual contact is a rights violation. We pursue a different explanation for the wrongs in question: there is valid consent, but it is not consent to the sex act that happened. Semantic conventions play a key role in distinguishing deceptions that result in nonconsensual sex (like stealth condom removal) from those that don’t (...) (like white lies). Our framework is also applicable to more controversial cases, like those implicated in so-called “gender fraud” complaints. (shrink)

Deontologists believe in two key exceptions to the duty to promote the good: restrictions forbid us from harming others, and prerogatives permit us not to harm ourselves. How are restrictions and prerogatives related? A promising answer is that they share a source in rights. I argue that prerogatives cannot be grounded in familiar kinds of rights, only in something much stranger: waivable rights against oneself.

Rather than to focus upon a particular ‘right to life’, we should consider what rights there are pertaining to our lives and to our living. There are different sorts. There are, for instance, rights that constitute absences of particular duties and rights that correspond to the duties of other agents or agencies. There are also natural and non-natural rights and duties. Different people in different contexts can have different moral duties and different moral rights including rights to life. The (...) question of the moral rights there are to and pertaining to life is considered with reference to James Griffin’s account of human rights. Also considered is the question of who or what can be a bearer of them. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the (...) right places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

In this short paper I will discuss the ambiguous and, even, controversial term ‘right to die’ in the context of the euthanasia debate and, in particular, in the case of passive euthanasia. First I will present the major objections towards the moral legitimacy of a right to die, most of which I also endorse myself; then I will investigate whether the right to die could acquire adequate moral justification in the case of passive euthanasia. In the light (...) of the Kantian tradition I will argue that since rights are understood as based upon duties, the right to die should also presuppose a corresponding duty, which to me could be either an imperfect, solidarity-related duty, or an autonomy-related one, at least as far as the unwanted prolongation of life is concerned. I will conclude with the view that the right to die could actually be considered a legitimate one in the case of passive euthanasia, when the application of life-supporting techniques is against the wishes and the best interests of the patient. (shrink)

Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the hunger (...) strike as noncoercive and nonviolent. I articulate an alternative, dual account of the right to hunger strike. On the remedial argument, the right to hunger strike should be legally protected as a right to petition for redress, in light of incarcerated people’s structural vulnerability to abuse and given inadequate grievance mechanisms. The constructive argument derives the right to hunger strike from the right to resist oppression and stresses the normative permissibility of the use of coercive tactics to defend one’s liberty interests in the face of carceral oppression. -/- . (shrink)