In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...) distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19 . (shrink)
An increasing number of scholars at the intersection of feminist philosophy and critical disability studies have turned to Merleau-Ponty to develop phenomenologies of disability or of what, following Rosemarie Garland-Thomson, I call "non-normate" embodiment. These studies buck the historical trend of philosophers employing disability as an example of deficiency or harm, a mere litmus test for normative theories, or an umbrella term for aphenotypical bodily variation. While a Merleau-Pontian-inspired phenomenology is a promising starting point for thinking about embodied experiences (...) of all sorts, I here draw a cautionary tale about how ableist assumptions can easily undermine accounts of non-normate experience. I first argue that the omission or misguided treatment of disability within the history of philosophy in general and the phenomenological tradition in particular is due to the inheritance of what I call “the ableist conflation” of disability with pain, suffering, and disadvantage. I then show that Merleau-Ponty’s famous reading of the blind man’s cane is problematic insofar as it omits the social dimensions of disabled experiences, misconstrues the radicality of blindness as a world-creating disability, and operates via an able-bodied simulation that confuses object annexation or extension with incorporation. In closing, I contend that if phenomenology is to overcome the errors of traditional philosophy, as Merleau-Ponty once hoped, it must heed the insights of “crip” or non-normate phenomenology, which takes the lived experience of disability as its point of departure. (shrink)
Since the completion of the human genome project in 2003, genomic sequencing, analysis, and interpretation have become staples of research in medicine and the life sciences more generally. While much ink has been spilled concerning genomics’ precipitous rise, there is little agreement among scholars concerning its meaning, both in general and with respect to our current moment. Some claim genomics is neither new, nor noteworthy; others claim it is a novel and worrisome instrument of contemporary, liberal “velvet eugenics.” Contrary to (...) the methods used by Foucault scholars in both camps, in this paper I utilize research in philosophy of disability to argue that genomics is noteworthy as a unique form of biopower, one of the primary functions of which is to precisify impairments in contradistinction to disability. I call the force at play in this process genopower, and I discuss how genopower is a product of and intimately related to biopower. Insofar as such genomic knowledge gears into powerful cultural tropes of self-knowledge and self-care and affirms individualistic solutions to social issues, the socio-political effect of genomics with respect to disability—despite the aims of many of its practitioners—is indeed to normalize what Rosemarie Garland-Thomson calls “velvet eugenics.”. (shrink)
Heidegger, Art, and Postmodernity offers a radical new interpretation of Heidegger's later philosophy, developing his argument that art can help lead humanity beyond the nihilistic ontotheology of the modern age. Providing pathbreaking readings of Heidegger's 'The Origin of the Work of Art' and his notoriously difficult Contributions to Philosophy, this book explains precisely what postmodernity meant for Heidegger, the greatest philosophical critic of modernity, and what it could still mean for us today. Exploring these issues, Iain D. Thomson examines several (...) postmodern works of art, including music, literature, painting and even comic books, from a post-Heideggerian perspective. Clearly written and accessible, this book will help readers gain a deeper understanding of Heidegger and his relation to postmodern theory, popular culture and art. (shrink)
This collection brings together fourteen contributions by authors from around the globe. Each of the contributions engages with questions about how local and global bioethical issues are made to be comparable, in the hope of redressing basic needs and demands for justice. These works demonstrate the significant conceptual contributions that can be made through feminists' attention to debates in a range of interrelated fields, especially as they formulate appropriate responses to developments in medical technology, global economics, population shifts, and poverty.
When the benefits of surgery do not outweigh the harms or where they do not clearly do so, surgical interventions become morally contested. Cutting to the Core examines a number of such surgeries, including infant male circumcision and cutting the genitals of female children, the separation of conjoined twins, surgical sex assignment of intersex children and the surgical re-assignment of transsexuals, limb and face transplantation, cosmetic surgery, and placebo surgery.
In this paper, we present the results of the construction and validation of a new psychometric tool for measuring beliefs about free will and related concepts: The Free Will Inventory (FWI). In its final form, FWI is a 29-item instrument with two parts. Part 1 consists of three 5-item subscales designed to measure strength of belief in free will, determinism, and dualism. Part 2 consists of a series of fourteen statements designed to further explore the complex network of people’s associated (...) beliefs and attitudes about free will, determinism, choice, the soul, predictability, responsibility, and punishment. Having presented the construction and validation of FWI, we discuss several ways that it could be used in future research, highlight some as yet unanswered questions that are ripe for interdisciplinary investigation, and encourage researchers to join us in our efforts to answer these questions. (shrink)
Universal Game Theory - The theory that all of life is a game played by consciousness’es, (Living Beings). The board is a dream like structure of the universe. The progression is through an active process of intent witnessing, and passive meditation. Which releases the tension in the nerves of the body and leads to selfless actions, moral goodness, and eventually the finish, Enlightenment. Just like a wounded creature only cares about it’s own self. Man in tensionthrough self-centered thought only thinks (...) about his own predicaments. Even if he is thinking about others it is only through his own objectionable view from his false-created center. The enemy or deterrents in the game is the conditioning created by society for ambition, greed, control and general brain washing to give theindividual a false sense of identity, the ego. This is achieved by Religion; tradition, culture, education, reasoning, linear thought, and the creation of time. Leaving him/her in constant anxiety about millions of future contingencies. Through witnessing one realizes the whole futility of one dimensional thought which only leads to more and more thought. Simple or constructed elaborately, thought being time, a human construction. The final step of the Universal Game Theory is understanding the whole process of thought and the eventual revelation of Enlightenment, Bliss, ecstasy. Which the person then understands that he/she is the creator of the life/dream with which they are in. That point being a sexual ecstasy similar to what happens in death to men. i.e. Human males release semenwhen they die, having a sexual ecstasy at their last breath. (shrink)
Investigation of neural and cognitive processes underlying individual variation in moral preferences is underway, with notable similarities emerging between moral- and risk-based decision-making. Here we specifically assessed moral distributive justice preferences and non-moral financial gambling preferences in the same individuals, and report an association between these seemingly disparate forms of decision-making. Moreover, we find this association between distributive justice and risky decision-making exists primarily when the latter is assessed with the Iowa Gambling Task. These findings are consistent with neuroimaging studies (...) of brain function during moral and risky decision-making. This research also constitutes the first replication of a novel experimental measure of distributive justice decision-making, for which individual variation in performance was found. Further examination of decision-making processes across different contexts may lead to an improved understanding of the factors affecting moral behaviour. (shrink)
Each chapter covers one topic and largely consists of brief summaries of arguments for and against various themes. The topic of the first chapter is whether and on what basis a film can be considered art. Photography is used as an analogy. The arguments range from considering the mechanical form of cinema as an obstacle to arthood to arguments considering cinema’s mechanical nature as essential to its arthood; the former by those who ground art in human agency, the latter by (...) those who ground art in some conception of verisimilitude. Those worried by the former argument, emphasize editing and montage effects as the essential aspects of cinema, the idea being that the less representational veracity a film presented, the more it could be classified as art. On the other hand, for those who equate the art of film with verisimilitude, it is argued that the realism of film is superior to the realism of the other representational arts due to film’s retrieval of images as opposed to merely representing them. (shrink)
Modern physics describes the mechanics of the Universe. We have discovered a new foundation for physics, which explains the components of the Universe with precision and depth. We quantify the existence of Aether, subatomic particles, and the force laws. Some aspects of the theory derive from the Standard Model, but much is unique. A key discovery from this new foundation is a mathematically correct Unified Force Theory. Other fundamental discoveries follow, including the origin of the fine structure constant and subatomic (...) particle g-factors, a slight correction of neutron magnetic moment, a geometrical structure for charge, the quantification of electromagnetic charge as separate from electrostatic charge, a more precise meaning of spin, the quantification of space-resonance in five dimensions, and a new system of quantum units. The Aether quantifies as a fabric of quantum rotating magnetic fields with electromagnetic, electrostatic, and gravitational dipole structures. Subatomic particles quantify as angular momentum encapsulated in a quantum, rotating magnetic field. All quantum, atomic, and molecular processes can be precisely modeled, leading to discrete physics with new understandings and insights. (shrink)
In her essay, “People and their Bodies,” Judith Thomson writes an evaluation of several formulations of the psychological criterion for personal identity and attempts a strategy of criticizing each formulation of the psychological theory. This is done in order to conclude that a physical theory must be the only remaining viable sufficient candidate for explaining personal identity that is both necessary and sufficient, despite its theoretical weaknesses. This paper seeks to analyze Thomson's critique and explain why her chosen formulations of (...) psychological criterion are inadequate and easy to refine against some of her rather hasty objections. In addition, counterarguments in favor of an 'impure' psychological criterion for personal identity are presented in the hopes of clarifying the philosophical discourse. (shrink)
This manuscript examines two accounts that discuss rights disputes. On the one hand, Russ Shafer-Landau argues for specificationism (or what is referred to here as SA), which deems rights as having innate limitations. One the other, Judith Jarvis Thomson defends infringement theory (or what is referred to here as IVA), which views rights to be competing factors. Shafer-Landau in “Specifying Absolute Rights” endeavored to discredit Thomson’s IVA and promote his favored theory. This material responds to and criticizes the claims Shafer-Landau (...) pressed in his article. First part of the thesis addresses his concerns and finds them unconvincing. Using tools of logic, it is demonstrated that Shafer-Landau’s demands on compensation are without warrant. More than this, his demands on the tripartite are misguided. Second part tackles some shortcomings of SA. One of which is the finding that two of the three arguments Shafer-Landau posited for SA’s superiority run counter to each other. Should Shafer-Landau save one, it would remain untenable for the foundations therein rest on a mistake. Finally, his position of SA being sufficiently explanatory is in itself wanting. Though this material does not go as far as proving which theory is practically better, the project is not bereft of purpose. By the end, IVA would already have been relieved of the criticisms whereas SA would be confronted with multiple challenges. (shrink)
The attitude toward nature in James Thomson’s "The Seasons" has not been duly noted by literary commentators. Instead, the reception of "The Seasons" in modern literary criticism has focused on all sorts of aspects, ranging from visual imagery, to “dislocation, deformity and renewal.” However, when nature as a theme in the poem has been tackled, critics have favored its religious implications—specifically, those pertaining to the historical period in English literature, as well as a number of hypotheses about Thomson’s own relation (...) toward god—over Thomson’s conception of nature on its own terms. Furthermore, none has, in my view, concentrated enough on the most emblematic characteristic of "The Seasons": its unresolved stance toward the natural and its strongly polarized attitude toward it. The aim of this essay is to examine these inconsistencies in order to reveal what they tell us about the period’s changing perspectives, to place "The Seasons"’ reception of the natural in the history of eighteenth-century literature, and to uncover the implications and fertile consequences of Thomson’s view of nature—which spill into para-literary domains. (shrink)
Geach and Thomson have argued that nothing is just plain good, because ‘good’ is, logically, an attributive adjective. The upshot, according to Geach and Thomson, is that consequentialism is unacceptable, since its very formulation requires a predicative use of ‘good’. Reactions to the argument have, for the most part, been uniform. Authors have converged on two challenging objections . First, although the logical tests that Geach and Thomson invoke clearly illustrate that ‘good’, as commonly used, is an attributive, they don’t (...) show that ‘good’ lacks an intelligible predicative interpretation. Second, even if the English word ‘good’ fails to express the property of goodness, we can just stipulate that ‘good*’ expresses goodness and thus formulate consequentialism accordingly. The second objection is one way of voicing skepticism about the method of drawing substantive philosophical conclusions from considerations about ordinary language. In this essay, we present an argument, inspired by Geach and Thomson, which isn’t susceptible to the same objections but which supports the same conclusion. The significance of our argument for ethics is obvious; it challenges the intelligibility of standard consequentialism, and even certain forms of non-consequentialism. One might be inclined to think that a more sophisticated consequentialism, which relies on ‘good {possible world/state of affairs/outcome}’ instead of just ‘good’, evades the criticism. But we explain why the criticism can’t be so easily evaded. (shrink)
G.E. Moore said that rightness was obviously a matter of maximising plain goodness. Peter Geach and Judith Thomson disagree. They have both argued that ‘good’ is not a predicative adjective, but only ever an attributive adjective: just like ‘big.’ And just as there is no such thing as plain bigness but only ever big for or as a so-and-so, there is also no such thing as plain goodness. They conclude that Moore’s goodness is thus a nonsense. However attention has been (...) drawn to a weakness in their arguments. Mahrad Almotahari and Adam Hosein have sought to plug that weakness. If their plug holds, then there is no goodness. Doing most of their work is the following premise: adjective φ is predicative only if it can be used predicatively in ‘x is a φ K’ otherwise it is attributive. In this paper I argue that this premise is false, that their plug does not hold and that if one is to reject plain goodness it will have to be for other reasons. (shrink)
Disagreements about abortion are often assumed to reduce to disagreements about fetal personhood (and mindedness). If one believes a fetus is a person (or has a mind), then they are “pro-life.” If one believes a fetus is not a person (or is not minded), they are “pro-choice.” The issue, however, is much more complicated. Not only is it not dichotomous—most everyone believes that abortion is permissible in some circumstances (e.g. to save the mother’s life) and not others (e.g. at nine (...) months of a planned pregnancy)—but scholars on both sides of the issue (e.g. Don Marquis and Judith Thomson) have convincingly argued that fetal personhood (and mindedness) are irrelevant to the debate. To determine the extent to which they are right, this article will define “personhood,” its relationship to mindedness, and explore what science has revealed about the mind before exploring the relevance of both to questions of abortion’s morality and legality. In general, this article does not endorse a particular answer to these questions, but the article should enhance the reader’s ability to develop their own answers in a much more informed way. (shrink)
In this article we develop and defend what we call the “Trust View” of promissory obligation, according to which making a promise involves inviting another individual to trust one to do something. In inviting her trust, and having the invitation accepted (or at least not rejected), one incurs an obligation to her not to betray the trust that one has invited. The distinctive wrong involved in breaking a promise is a matter of violating this obligation. We begin by explicating the (...) core notion of “inviting someone to trust one to do something”, suggesting that it involves signaling to the other individual one's recognition of the importance the relevant action has for her, and one’s willingness to license her to have faith or optimism in one's character with regard to the performance of that action. We then turn to a defense of the Trust View, arguing that it has considerable appeal in its own right, that it is distinct from and superior to three similar accounts (T.M. Scanlon's Assurance View, Judith Jarvis Thomson's Reliance View and David Owens' Authority View), and that several objections to it can be answered. (shrink)
Imagine that your body has become attached, without your permission, to that of a sick violinist. The violinist is a human being. He will die if you detach him. Such detachment seems, nonetheless, to be morally permissible. Thomson argues that an unwantedly pregnant woman is in an analogous situation. Her argument is considered by many to have established the moral permissibility of abortion even under the assumption that the foetus is a human being. Another popular argument is that presented by (...) Singer and Unger to the effect that even those who are moderately prosperous are morally obliged to help the poor if they can do so at relatively small cost to themselves. The paper considers the question whether these two arguments can be simultaneously valid. (shrink)
This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form (...) families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)
In this article Judith Jarvis Thomson's Good Samaritan Argument in defense of abortion in the case of rape is defended from two objections: the Kill vs. Let Die Objection, and the Intend to Kill vs. Merely Foresee Death Objection. The article concludes that these defenses do not defend Thomson from further objections from Peter Singer and David Oderberg.
Imagine that your body has become attached, without your permission, to that of a sick violinist. The violinist is a human being. He will die if you detach him. Such detachment seems, nonetheless, to be morally permissible. Thomson argues that an unwantedly pregnant woman is in an analogous situation. Her argument is considered by many to have established the moral permissibility of abortion even under the assumption that the foetus is a human being. Another popular argument is that presented by (...) Singer and Unger to the effect that even those who are moderately prosperous are morally obliged to help the poor if they can do so at relatively small cost to themselves. The paper (published under the pseudonym 'Nicola Bourbaki') considers the question whether these two arguments can be simultaneously valid. (shrink)
In this paper I defend Judith Jarvis Thomson's 'Good Samaritan Argument' (otherwise known as the 'feminist argument') for the permissibility of abortion, first advanced in her important, ground-breaking article 'A Defense of Abortion' (1971), against objections from Joseph Mahon (1979, 1984). I also highlight two problems with Thomson's argument as presented, and offer remedies for both of these problems. The article begins with a short history of the importance of the article to the development of practical ethics. Not alone did (...) it put the topic of the abortion on the philosophical map, but it made 'practical ethics' in the late 1960s feminist, also. (shrink)
Judith Jarvis Thomson has recently proposed a new argument for the thesis that killing the one in the Trolley Problem is not permissible. Her argument relies on the introduction of a new scenario, in which the bystander may also sacrifice herself to save the five. Thomson argues that those not willing to sacrifice themselves if they could may not kill the one to save the five. Bryce Huebner and Marc Hauser have recently put Thomson's argument to empirical test by asking (...) people what they should do in the new trilemma case, in which they may also sacrifice themselves. They found that the majority judge that they should either kill the one or sacrifice themselves; Huebner and Hauser argue that those numbers speak against Thomson's argument. But Thomson's argument was about the dialectical effect of the new trilemma on the traditional dilemma, rather than about the trilemma itself. Here I present the results of a study in which I asked subjects first what they should do in the trilemma and then what they should do in the traditional Trolley Problem. I found that, if asked first about the trilemma, subjects then have the intuition that killing the one in the traditional Bystander at the Switch is not permissible?exactly what Thomson's argument had predicted. (shrink)
We aim to generate a dilemma for virtual reality-based research that we motivate through an extended case study of Judith Thomson’s (1985) Bridge variant of the trolley problem. Though the problem we generate applies more broadly than the Bridge problem, we believe it makes a good exemplar of the kind of case we believe is problematic. First, we argue that simulations of these thought experiments run into a practicality horn that makes it practically impossible to produce them. These problems revolve (...) around concepts that we call “perspectival fidelity”and “context realism.” Moral dilemmas that include features present in the Bridge variant will, as a result, be practically impossible to simulate. We also argue that, should we be wrong about the practical impossibility of creating a VR simulation of Bridge, such a simulation must face an ethical horn which renders these simulations ethically impermissible to develop or use. For these reasons, we argue that it is virtually impossible to simulate the bridge problem (and other thought experiments with similar features) both practically and ethically in VR. (shrink)
I argue against Judith Jarvis Thomson’s solution for solving paradoxes surrounding trolley cases. I then offer my own competing, novel solution. Thomson famously proposed that what matters in trolley-type cases is whether an agent does something to a threat itself so as to minimize harm or whether the agent initiates a new threat against a person so as to minimize harm. According to her, we intuitively assume that minimizing harm is permissible in the former case (doing something to a threat) (...) but not the latter (initiating a new threat to a person). I demonstrate that this distinction does not accommodate our intuitions in all trolley-type cases. I then propose a new distinction – that of being “in the realm” and “out of the realm” - that does accommodate our intuitions across the range of trolley type cases. Bringing someone from “out” of the realm “into” the realm thus constitutes a new deontological constraint against minimizing harm. (shrink)
In the intersection between eugenics past and present, disability has never been far beneath the surface. Perceived and ascribed disabilities of body and mind were one of the core sets of eugenics traits that provided the basis for institutionalized and sterilization on eugenic grounds for the first 75 years of the 20th-century. Since that time, the eugenic preoccupation with the character of future generations has seeped into what have become everyday practices in the realm of reproductive choice. As Marsha Saxton (...) (2000) and Adrienne Asch (2000, 2003) have forcefully argued, the use of prenatal screening technologies to facilitate the selective abortion of fetuses with features that signify disabling traits—the paradigm here being trisomy 21 in a fetus indicating Down Syndrome in the child—express a negative view of such disabilities sufficient to warrant terminating an otherwise wanted pregnancy. The eliminative structure of what Rosemary Garland Thompson (2012) has called eugenic logic persists in contemporary practices governing reproductive choice, social inclusion, and democratic participation and their relationship to disability. The tie between eugenics and contemporary disability studies suggests that eugenics and reflection on its history can also play a more positive role in disability politics. After focusing on eugenics in the first half of the paper, we will shift in the second half of the paper to eugenic resonances in contemporary thought and practice, concluding with some thoughts about ongoing practices of silencing and the very idea of eradicating disability. (shrink)
Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus is (...) a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)
This chapter proposes a solution to the Trolley Problem in terms of the Kantian prohibition on using a person ‘merely as a means.’ A solution of this type seems impossible due to the difficulties it is widely thought to encounter in the scenario known as the Loop case. The chapter offers a conception of ‘using merely as a means’ that explains the morally relevant difference between the classic Bystander and Footbridge cases. It then shows, contrary to the standard view, that (...) a bystander who diverts the trolley in the Loop case need not be using someone ‘merely as a means’ in doing so. This makes it possible to show why the Loop scenario does not undermine the explanation of the salient moral difference between the Bystander and Footbridge cases. (shrink)
The paper addresses the phenomenology of inference. It proposes that the conscious character of conscious inferences is partly constituted by a sense of meaning; specifically, a sense of what Grice called ‘natural meaning’. In consciously drawing the (outright, categorical) conclusion that Q from a presumed fact that P, one senses the presumed fact that P as meaning that Q, where ‘meaning that’ expresses natural meaning. This sense of natural meaning is phenomenologically analogous, I suggest, to our sense of what is (...) said in fluently comprehending everyday utterances in our first language. The proposal that conscious inference involves a sense of natural meaning is compared with views according to which conscious inference involves taking the premises (i) to be good reasons for the conclusion (as defended by Thomson and Grice), (ii) to support it (as argued by Audi and, recently, Boghossian), or (iii) to imply it (as lately contended by Broome). I argue our proposal can explain certain phenomena handled by alternatives (i) and (ii), but that some further phenomena is handled by our account but not these alternatives. In relation to alternative (iii), I argue that, in so far as implicational and natural-meaning relations come apart, the latter are a better fit for what we sense or take to be so in conscious inference. (shrink)
According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...) rights of innocent people ("collateral damage"), these combatants are in fact liable to attack by the combatants on the unjustified side. I will support this view with a rights-based account of liability to attack and then defend it against a number of objections raised in particular by Jeff McMahan. The result is that the thesis of the moral equality of combatants holds good for a large range of armed conflicts while the opposing thesis is of very limited practical relevance. (shrink)
At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a (...) right to an abortion, there are reasons to doubt that there is a right to the death of the foetus. Our strategy in this essay is to consider and reject three arguments in favour of this latter right. The first claims that women have a right not to be biological mothers, the second that women have a right to genetic privacy, and the third that a foetus is one's property. Furthermore, we argue that it follows from rejecting the third claim that genetic parents also lack a right to the destruction of cryopreserved embryos used for in vitro fertilization. The conclusion that a woman possesses no right to the death of the foetus builds upon the claims that other pro-choice advocates, such as Judith Jarvis Thomson, have made. (shrink)
Constitutivists seek to locate the metaphysical foundations of ethics in nonnormative facts about what is constitutive of agency. For most constitutivists, this involves grounding authoritative norms in the teleological structure of agency. Despite a recent surge in interest, the philosophical move at the heart of this sort of constitutivism remains underdeveloped. Some constitutivists—Foot, Thomson, and Korsgaard (at least in her recent *Self-Constitution*)—adopt a broadly Aristotelian approach. They claim that the functional nature of agency grounds normative judgments about agents in much (...) the same way that the functional natures of artifacts and bodily organs ground normative judgments about those kinds of things. I argue that the neo-Aristotelian conclusions about goodness which follow so straightforwardly from teleological premises are not genuinely normative. Functions are not by their very nature normatively significant. Other constitutivists—notably J. David Velleman and Paul Katsafanas—eschew Aristotelian talk of functions in favor of an approach based on the idea that agency has a constitutive aim. Velleman and Katsafanas both claim that aims are normatively significant. I argue that the fact that agency has a constitutive aim is merely a fact about the motives that produce and regulate actions. And so we are still left with a gap between the teleological and the normative. I conclude by suggesting that constitutivists have failed to find a way to bridge this gap not because none exists, but rather because they have been looking in the wrong place. The constitutivist project can be salvaged, but only if it is supplemented with a reductive metanormative account of reasons for action, an account that links reasons to sound or successful practical reasoning. (shrink)
Absolute needs (as against instrumental needs) are independent of the ends, goals and purposes of personal agents. Against the view that the only needs are instrumental needs, David Wiggins and Garrett Thomson have defended absolute needs on the grounds that the verb ‘need’ has instrumental and absolute senses. While remaining neutral about it, this article does not adopt that approach. Instead, it suggests that there are absolute biological needs. The absolute nature of these needs is defended by appeal to: their (...) objectivity (as against mind-dependence); the universality of the phenomenon of needing across the plant and animal kingdoms; the impossibility that biological needs depend wholly upon the exercise of the abilities characteristic of personal agency; the contention that the possession of biological needs is prior to the possession of the abilities characteristic of personal agency. Finally, three philosophical usages of ‘normative’ are distinguished. On two of these, to describe a phenomenon or claim as ‘normative’ is to describe it as value-dependent. A description of a phenomenon or claim as ‘normative’ in the third sense does not entail such value-dependency, though it leaves open the possibility that value depends upon the phenomenon or upon the truth of the claim. It is argued that while survival needs (or claims about them) may well be normative in this third sense, they are normative in neither of the first two. Thus, the idea of absolute need is not inherently normative in either of the first two senses. (shrink)
Moore's moral programme is increasingly unpopular. Judith Jarvis Thomson's attack has been especially influential; she says the Moorean project fails because ‘there is no such thing as goodness’. I argue that her objection does not succeed: while Thomson is correct that the kind of generic goodness she targets is incoherent, it is not, I believe, the kind of goodness central to the Principia. Still, Moore's critics will resist. Some reply that we cannot understand Moorean goodness without generic goodness. Others claim (...) that even if Moore does not need Thomson's concept, he still requires the objectionable notion of absolute goodness. I undermine both these replies. I first show that we may dispense with generic goodness without losing Moorean intrinsic goodness. Then, I argue that though intrinsic goodness is indeed a kind of absolute goodness, the objections marshalled against the concept are unsound. (shrink)
The problem of act individuation is a debate about the identity conditions of human acts. The fundamental question about act individuation is: how do we distinguish between actions? Three views of act individuation have dominated the literature. First, Donald Davidson and G.E.M. Anscombe have argued that a number of different descriptions refer to a single act. Second, Alvin Goldman and Jaegwon Kim have argued that each description designates a distinct act. Finally, Irving Thalberg and Judith Jarvis Thomson have averred that (...) some acts are sequences of causally related events, which include both a primitive bodily action and some of its effects. All of these accounts have assumed that a simple invariantist account of act individuation captures how ordinary people distinguish between acts. For my dissertation, I devised an experiment to test the action theorists' assumptions. My data show that people's intuitions seem to depend on the valence of the consequences of the action under consideration. So, an invariantist account is not possible. In light of the empirical results, I argue that if we seek a folk account of act individuation, then that account should be able to explain the variability that seems to be present in people's intuitions about different cases. (shrink)
Hume seems to contend that you can’t get an ought from an is. Searle professed to prove otherwise, deriving a conclusion about obligations from a premise about promises. Since (as Schurz and I have shown) you can’t derive a substantive ought from an is by logic alone, Searle is best construed as claiming that there are analytic bridge principles linking premises about promises to conclusions about obligations. But we can no more derive a moral obligation to pay up from the (...) fact that a promise has been made than we can derive a duty to fight a duel from the fact that a challenge has been issued – just conclusions about what we ought to do according to the rules of the relevant games. Hume suggests bridge principles that would take us from the rules of the games to conclusions about duties, but these principles are false. My argument features an obstreperous earl, an anarchist philosopher and a dueling Prime Minister. (shrink)
I criticize the following three arguments for moral objectivism. 1. Since we assess moral statements, we can arrive at some moral truths (Thomson, 2006). 2. One culture can be closer to truths than another in moral matters because the former can be closer to truths than the latter in scientific matters (Pojman, 2008). 3. A moral judgment is shown to be true when it is backed up by reason (Rachels and Rachels, 2010). Finally, I construct a dilemma against the view (...) that there are moral truths and we can move toward them. (shrink)
Theories of self-defence tend to invest heavily in ‘liability justifications’: if the Attacker is liable to have defensive violence deployed against him by the Defender, then he will not be wronged by such violence, and selfdefence becomes, as a result, morally unproblematic. This paper contends that liability justifications are overrated. The deeper contribution to an explanation of why defensive permissions exist is made by the Defender’s non-liability. Drawing on both canonical cases of self-defence, featuring Culpable Attackers, and more penumbral cases (...) of self-defence, involving Non-Responsible Threats, a case is assembled for the ‘Non-Liability First Account’ of self-defence. (shrink)
James Rule is puzzled by the ‘idiosyncratic’ approach that I take to the philosophical study of privacy. As evidence for this idiosyncracy, he cites my relative indifference to the distinction between consequentialist and deontological perspectives on privacy although these differences are proof of ‘intricate, yet enormously consequential intellectual tensions’. My choice of philosophical topics is ‘unsystematic’ and more a reflection of my own ‘intellectual hobby-horses’ than a ‘well-worked-out view of what students most need to know’. Finally, Rule concludes, because ‘the (...) most important privacy questions are excruciating’, we need ‘more systematic guidance than is provided here’. I am grateful to the editors for the chance to respond to these complaints. (shrink)
In this article I reject the argument of Colin McGinn ("Must I Be Morally Perfect?", 1992) that ordinary morality requires that each of us be morally perfect. McGinn's definition of moral perfection –– according to which I am morally perfect if I never do anything that is supererogatory, but always do what is obligatory, and always avoid doing what is impermissible –– should be rejected, because it is open to the objection that I am morally perfect if I always do (...) what is optional but bad to do (what is suberogatory), in addition to always doing what is obligatory and always avoiding what is impermissible. Moral perfection may be defined as always doing what is obligatory, and always doing what is optional but good to do (supererogatory), and never doing what is impermissible, and never doing what is optional but bad to do [suberogatory]. Since ordinary morality does not require this, ordinary morality does not require moral perfection. (shrink)
In this paper I argue for two things. First, many concerns we have regarding privacy—both regarding what things we do and do not want to protect in its name—can be explained through an account of our moral (legal and ethical) rights. Second, to understand a further set of moral (ethical and legal) concerns regarding privacy—especially the temptation to want to intrude on and disrespect others’ privacy and the gravity of such breaches and denials of privacy—we must appreciate the way in (...) which protecting freedom requires us to take into account the sociality of human nature. I draw on Kant’s practical philosophy—his moral accounts of freedom (of virtue and of right) as well as of human nature and evil—to make these arguments. (shrink)
There’s a widespread intuition that if the only way an innocent person can stop her villainous attacker from killing her is to kill him instead, then she is morally permitted to do so. But why is it that she is permitted to employ lethal force on an aggressor if that is what is required to save her life? My primary goal in this paper is to defend David Rodin's fairly recent and under-recognized account of self-defense that answers this question. There (...) are roughly two kinds of non-consequentialist accounts of self-defense:'forced-choice' accounts and 'rights-based' accounts. I first examine what I take to be the most plausible 'forced-choice' account of self-defense and I argue that it is unable to withstand two recent criticisms. I then proceed to adjudicate between two prominent 'rights-based' accounts of self-defense: call them the Thomson/Uniacke account and the Rodinian account. Any rights-based account of self-defense must explain how it is that X, who villainously tries to kill Y, forfeits his right to life. I argue both that Thomson/Uniacke's explanation cannot account for the clear permissibility of killing a certain kind of aggressor in self-defense, and that the attempts that could be made to account for this permissibility are either ad-hoc or permit the killing of persons that are morally on par with innocent bystanders. I point out how Thomson/Uniacke can evade the seeming difficulties that I raise by only permitting lethal defensive force against culpable aggressors. But allowing defensive force to be employed only on the culpable goes against one of their central tenets. I then discuss the Rodinian account, how it evades the criticisms I raise, as well as its other virtues. I conclude that while it has difficulties of its own, it is the more plausible one to adopt. (shrink)
Pro-life advocates commonly argue that fetuses have the moral status of persons, and an accompanying right to life, a view most pro-choice advocates deny. A difficulty for this pro-life position has been Judith Jarvis Thomson’s violinist analogy, in which she argues that even if the fetus is a person, abortion is often permissible because a pregnant woman is not obliged to continue to offer her body as life support. Here, we outline the moral theories underlying public health ethics, and examine (...) the COVID-19 pandemic as an example of public health considerations overriding individual rights. We argue that if fetuses are regarded as persons, then abortion is of such prevalence in society that it also constitutes a significant public health crisis. We show that on public health considerations, we are justified in overriding individual rights to bodily autonomy by prohibiting abortion. We conclude that in a society that values public health, abortion can only be tolerated if fetuses are not regarded as persons. (shrink)
Rutherford’s α-particles scattering experiment was one of the milestone for the physics community as it provided an insight to an atom thus discarding the previously prevailed Thomson’s model. Through this article we shall examine the theoretical formulation of Rutherford’s experiment and how it helped to shape the modern physics.
Abstract: This essay consists of some clarifying remarks on the doctrine of double effect (DDE). After providing a contemporary formulation of the doctrine we put special emphasis on the distinction between those aspects of an action plan that are intended and those that are merely foreseen (the I/F distinction). Making use of this distinction is often made difficult in practice because salient aspects of the action plan exhibit a felt “closeness” to one another that is difficult if not impossible to (...) articulate with the precision we might like. The essay goes on to examine an especially adroit criticism of DDE best articulated by J.J. Thomson. We conclude with a brand new double effect case (new to the philosophical literature anyway) taken from medicine and Roman Catholic pastoral ministry. (shrink)
The paper presents an analysis of the ethics of abortion and infanticide. The work considers two main approaches: the argument of J.J. Thomson on the right to use his body and the absence of responsibilities regarding the fetus, and the argument about the difference in the moral status of the fetus and the adult, which are used both in the argumentation of supporters and opponents of abortion. The paper shows the fallacy of the first approach, and also, in order for (...) the second approach to remain internally consistent, we must agree that infanticide is permissible. (shrink)
There is an outline of the libertarian approach this takes. On the assumption of personhood, it is explained how there need be no overall inflicted harm and no proactive killing with abortion and infanticide. This starts with an attached-adult analogy and transitions to dealing directly with the issues. Various well-known criticisms are answered throughout. There is then a more-abstract explanation of how it is paradoxical to assume a duty to do more than avoid inflicting overall harm and, instead, positively benefit. (...) A putative counterexample is explained away. A positive theory of intellectual personhood is defended in principle but not made precise, which is sufficient to be practical. The greater moral value of intellectual-personhood is defended. An important putative reductio of the potential-personhood argument is refuted. Several further criticisms that apply to both types of defences are then answered. It is concluded that this different and radical approach is more likely to be error-prone. But conjectural explanations are all we ever have, and criticisms are always necessary to test them. (shrink)
The paper proposes a novel solution to the problem of the time of a killing (ToK), which persistently besets theories of act-individuation. The solution proposed claims to expose a crucial wrong-headed assumption in the debate, according to which ToK is essentially a problem of locating some event that corresponds to the killing. The alternative proposal put forward here turns on recognizing a separate category of dynamic occurents, viz. processes. The paper does not aim to mount a comprehensive defense of process (...) ontology, relying instead on extant defenses. The primary aim is rather to put process ontology to work in diagnosing the current state of play over ToK, and indeed in solving it. (shrink)
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