Even though it offers a compelling account of the responsibility-component in the negligence standard—arguably the Holy Grail of negligence theory—Professor John Gardner is mistaken in conceptualizing the duty of care in negligence as a duty to try to avert harm. My goal here is to explain why and to point to an alternative account of the responsibility component in negligence. The flaws in conceiving of the duty of care as a duty to try are: failing (...) to comport with the legal doctrine of negligence and failing as a revisionary account for the law; overly burdening autonomy and restricting the liberty of thought; adversely affecting the prevention of negligent harm—the essence of the negligence standard—; and, raising severe probative difficulties. Moreover, the duty of care also does not give rise to what I call a de facto duty to try. The duty of care is better construed to require only certain conduct and not trying. Returning to the primary appeal and motivation for exploring the validity of equating the duty of care with a duty to try—searching for the responsibility-component in the negligence standard—I argue that the responsibility-component in negligence does not take the form of an obligation to try but rather has a conditional form, manifested in the conditions of applicability of the negligence standard. In other words, the negligence standard comprises a conduct-based as opposed to a combined action-/intent-based duty (such as a duty to try) as its duty of care, a duty that only applies to actors who possess the capacity to intentionally or knowingly comply with it, or, put differently, possess the capacity to try. (shrink)

Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence is an unwitting failure in agency to meet a standard requiring conduct that falls within one’s competency. Accordingly, negligent conduct involves agency in (...) that negligence is a manifestation of agency failure. Now, nobody’s perfect. Human agency is innately fallible, and a measure of agency failure is, therefore, unavoidable. The more one’s negligence manifests failure in one’s agency as an individual, the more one is responsible for it. In contrast, the more one’s negligence involves the shortcomings innate to all human agency the less responsible one becomes, because one’s agency as an individual is less and less involved in one’s failure. Determinative of the measure of individual and of human failings mixed into an instance of negligent phi-ing is the background quality of one’s agency at meeting one’s competency at phi-ing. That is, how able one is at delivering on what one is able to competently do. The more able, the less one’s occasional instances of negligence involve manifestations of failures of one’s agency as an individual – nobody’s perfect – and are more manifestations of one’s agency’s innate human fallibility, making one less and less responsible for one’s negligence. (shrink)

Background Professional communities such as the medical community are acutely concerned with negligence: the category of misconduct where a professional does not live up to the standards expected of a professional of similar qualifications. Since science is currently strengthening its structures of self-regulation in parallel to the professions, this raises the question to what extent the scientific community is concerned with negligence, and if not, whether it should be. By means of comparative analysis of medical and scientific codes (...) of conduct, we aim to highlight the role of negligence provisions in codes of conduct for scientists, and to discuss the normative consequences for future codes of conduct. -/- Methods We collected scientific and medical codes of conduct in a selection of OECD countries, and submitted each code of conduct to comparative textual analysis. -/- Results Negligence is invariably listed as an infraction of the norms of integrity in medical codes of conduct, but only rarely so in the scientific codes. When the latter list negligence, they typically do not provide any detail on the meaning of ‘negligence’. -/- Discussion Unlike codes of conduct for professionals, current codes of conduct for scientists are largely silent on the issue of negligence, or explicitly exclude negligence as a type of misconduct. In the few cases where negligence is stipulated to constitute misconduct, no responsibilities are identified that would help prevent negligence. While we caution against unreasonable negligence provisions as well as disproportionate sanctioning systems, we do argue that negligence provisions are crucial for justified trust in the scientific community, and hence that there is a very strong rationale for including negligence provisions in codes of conduct. (shrink)

‘Attempted negligence’ is a category of criminal offense that many jurists and philosophers have law have deemed conceptually incoherent. In his Attempts: In the Philosophy of Action and the Criminal Law, Gideon Yaffe challenges this dismissal, anchoring his argument in cases of what he calls ‘mental self-management’ in which agents plan to bring about that they perform unintentional actions at a later time. He plausibly argues that mental self-management-type attempted negligence is possible. However, his account raises the question (...) whether such attempts can be successful: whether, in other words, attempts to perform unintentional actions at a later time could issue in actions that are, indeed, unintentional. Intuitively, at least, it would seem that we should answer in the affirmative. However, that answer poses problems for a plausible and widely-held account of intentional action. Al Mele, responding to Yaffe’s account, has pointed out this problem without, I think, providing a satisfactory resolution. I propose another way of vindicating the possibility of successful attempted negligence with small, if significant, revision to the standard view of intentional action. In these cases, I argue, agents fail to act intentionally because they render themselves, through their acts of self-management, unaware that they are successfully executing their intentions. Moreover, I argue that these agents’ intentions to bring about that they perform unintentional actions do not commit them to acting intentionally because of the nature of intentions to bring about actions. I offer an account of the intention to bring about that one A’s and defend it against some objections. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find (...) that ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

This paper develops Richard Wollheim’s claim that the proper appreciation of a picture involves not only enjoying a seeing-in experience but also abiding by a standard of correctness. While scholars have so far focused on what fixes the standard, thereby discussing the alternative between intentions and causal mechanisms, the paper focuses on what the standard does, that is, establishing which kinds, individuals, features and standpoints are relevant to the understanding of pictures. It is argued that, while standards (...) concerning kinds, individuals and features can be relevant also to ordinary perception, standards concerning standpoints are specific to pictorial experience. Drawing on all this, the paper proposes an ontology of depiction according to which a picture is constituted by both its visual appearance and its standard of correctness. (shrink)

This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents must comply with (...) high standards of care. In order for incidental harm to be permissible, an agent must take pains to avoid such harm even at higher cost to him- or herself. It is argued that accidentally but negligently caused collateral damage may be just as difficult to excuse as incidental harm. Only if high precautionary standards of care are met, can unintended harm to innocents – incidental or accidental – be permissible. In practice, such a strong commitment to avoiding harm to civilians may well lead us to question more generally and rethink more radically how violent conflicts ought to be fought, how military violence ought to be used and whether there are better ways of achieving those aims that we think are legitimate than those we are currently using. (shrink)

The study aimed to identify the relationship between correcting the deviations in the measurement of performance and achieving the objectives of control and the performance of the job at the Islamic University in the Gaza Strip. To achieve the objectives of the research, the researchers used the descriptive analytical approach to collect information. The questionnaire consisted of (20) statements distributed to three categories of employees of the Islamic University (senior management, faculty members, their assistants and members of the administrative board). (...) A random sample of 314 employees was selected and 276 responses were retrieved with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter, process, and analyze the data. The results of the study showed a positive relationship between correcting deviations in performance measurement and achieving the control objectives represented by the functional performance in the Islamic University from the point of view of the members (senior management, faculty and their assistants, and the administrative board), where the relative weight of all the paragraphs was (74.25%). The study recommended the need to ensure that the actual performance of the planned performance is matched and decisions are taken to correct the serious deviations and take the necessary measures in terms of retraining and change in regulations, wages and bonuses and punishment of the culprit, neglect and negligence by mistake. (shrink)

Though the duties of care owed toward innocents in war and in civil life are at the bottom univocally determined by the same ethical principles, Bazargan-Forward argues that those very principles will yield in these two contexts different “in-practice” duties. Furthermore, the duty of care we owe toward our own innocents is less stringent than the duty of care we owe toward foreign innocents in war. This is because risks associated with civil life but not war (a) often increase the (...) expected welfare of the individuals upon whom the risk is imposed, (b) are often imposed with consent, and (c) are often imposed reciprocally. The conclusion—that we have a pro tanto reason for adopting a more stringent standard of risk imposition toward foreign innocents in war—has implications for not only what standards of risk we should adopt in war, but also how we should weigh domestic versus foreign civilian lives. (shrink)

The problem of standard of care in clinical research concerns the level of treatment that investigators must provide to subjects in clinical trials. Commentators often formulate answers to this problem by appealing to two distinct types of obligations: professional obligations and natural duties. In this article, I investigate whether investigators also possess institutional obligations that are directly relevant to the problem of standard of care, that is, those obligations a person has because she occupies a particular institutional role. (...) I examine two types of institutional contexts: (1) public research agencies – agencies or departments of states that fund or conduct clinical research in the public interest; and (2) private-for-profit corporations. I argue that investigators who are employed or have their research sponsored by the former have a distinctive institutional obligation to conduct their research in a way that is consistent with the state's duty of distributive justice to provide its citizens with access to basic health care, and its duty to aid citizens of lower income countries. By contrast, I argue that investigators who are employed or have their research sponsored by private-for-profit corporations do not possess this obligation nor any other institutional obligation that is directly relevant to the ethics of RCTs. My account of the institutional obligations of investigators aims to contribute to the development of a reasonable, distributive justice-based account of standard of care. (shrink)

This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...) the reasonable person standard plays a prominent role. The legal concept of reasonableness is outcome-insensitive: whether the defendant acted in a reasonable fashion or not depends exclusively on her context of action, no matter how things play out. Folk judgments of reasonableness are thus inconsistent with the legal concept of reasonableness. Problematically, in common law jurisdictions, the decision whether a defendant’s behavior was reasonable or not is frequently (though not necessarily) delegated to a lay jury. (shrink)

Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected value). (...) Given some standard assumptions about the values at stake, the case for convicting and punishing using statistical evidence seems solid. In trying to show where this argument goes wrong, I shall argue (against Lockeans, reliabilists, and others) that beliefs supported only by statistical evidence are epistemically defective and (against Enoch, Fisher, and Spectre) that these epistemic considerations should matter to the law. To solve the puzzle about the role of statistical evidence in the law, we need to revise some commonly held assumptions about epistemic value and defend the relevance of epistemology to this practical question. (shrink)

In response to the COVID-19 pandemic, large-scale research and pharmaceutical regulatory processes have proceeded at a dramatically increased pace with new and effective, evidence-based COVID-19 interventions rapidly making their way into the clinic. However, the swift generation of high-quality evidence and the efficient processing of regulatory authorisation have given rise to more specific and complex versions of well-known research ethics issues. In this paper, we identify three such issues by focusing on the authorisation of Molnupiravir, a novel antiviral medicine aimed (...) at reducing the ability of SARS-CoV-2 to multiply in the body, for clinical use by the National Health Service in England and the concomitant testing of Molnupiravir through the large-scale PANORAMIC randomised control trial. By analysing the ways in which the authorisation and clinical use of Molnupiravir complicate standard approaches to clinical equipoise, standard of care, and participant consent in the PANORAMIC randomised control trial we will explain some of ethical implications for clinical trials that aim to study the efficacy and safety of new COVID-19 and other therapeutics when conditional authorisation has already been granted and when such treatments have already been made available to patients by national health providers. (shrink)

That a standard of medical care must outline services that benefit the patient is relatively uncontroversial. However, one must determine how the practices outlined in a medical standard of care should benefit the patient. I will argue that practices outlined in a standard of medical care must not detract from the patient’s well-functioning and that clinicians can refuse to provide services that do. This paper, therefore, will advance the following two claims: (1) a standard of medical (...) care must not cause dysfunction, and (2) if a physician is medically rational to not provide some service which fails to meet the above condition (i.e. fails to be a standard of medical care), then she may refuse to do so. I then apply my thesis to the prescription of puberty blockers to children with gender dysphoria. (shrink)

I claim that caricature is an epistemically defective depiction. More precisely, when employed in service to some epistemic uptake, I claim that caricature can have a non-negligible epistemic effect only for a less than ideally rational audience with certain cognitive biases. An ideally rational audience, however, would take all caricature to be what I refer to as fairground caricature, i.e., an interesting or entertaining form of depiction that is at best only trivially revelatory. I then argue that any medium (or (...) genre) substantially employing caricature (or standardly featuring or prescribing its employment) in service to some epistemic uptake is to that extent an epistemically defective medium (e.g., beliefs informed by works specific to that medium are to that extent unwarranted). I then show the editorial cartoon to be just such an epistemically defective medium. (shrink)

A central feature of experimental development economics is the use of randomized controlled trials (RCTs) to evaluate the effectiveness of prospective socioeconomic interventions. The use of RCTs in development economics raises a host of ethical issues which are just beginning to be explored. In this article, I address one ethical issue in particular: the routine use of the status quo as a control when designing and conducting a development RCT. Drawing on the literature on the principle of standard care (...) in medical research ethics, as well as considerations of distributive justice in non-ideal circumstances, I argue that the practice of using the status quo as a control is ethically justifiable. However, I add an important qualification based on the natural duty of rescue to address the concern that my account is overly permissive. (shrink)

In this paper I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof. In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a person knows a (...) proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize (...) impartial methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the (...) actor's conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

The Age of Enlightenment is more global and complex than the standard Eurocentric Colonial Canon narrative presents. For example, before the advent of unscientific racism and the systematic negligence of the contributions of Others outside of “White Europe,” Raphael centered Ibn Rushd (Averroes) in his Vatican fresco “Causarum Cognitio” (1511); the astronomer Edmund Halley taught himself Arabic to be more enlightened; The Royal Society of London acknowledged the scientific method developed by Ibn Al-Haytham (Alhazen). In addition, if we (...) study the Transatlantic texts of the late 18th century, it is not Kant, but instead enlightened thinkers like Anton Wilhelm Amo (born in present-day’s Ghana), Phillis Wheatley (Senegal region), and Toussaint L’Ouverture (Haiti), who mostly live up to the ideals of reason, humanism, universalism, and human rights. One obstacle to developing a more balanced presentation of the Age of the Enlightenment is the influence of colonialism, Eurocentrism, and methodological nationalism. Consequently, this paper, part II of two, will also deal with the European Enlightenment’s unscientific heritage of scholarly racism from the 1750s. It will be demonstrated how Linnaeus, Hume, Kant, and Hegel were among the Founding Fathers of intellectual white supremacy within the Academy. Hence, the Age of Enlightenment is not what we are taught to believe. This paper will demonstrate how the lights from different “Global Enlightenments” can illuminate paths forward to more dialogue and universalism in the 21st century. (shrink)

The study aimed to study the reality of applying standards of administrative excellence in major hospitals in the southern governorates of Palestine. The research was applied to all employees working in hospitals: (Al-Shifa Medical Complex, the Indonesian Hospital, and the European Gaza Hospital). The study sample consisted of (320) employees, as the researchers prepared A questionnaire to achieve the purpose of the study on the reality of administrative excellence (leading change, applying continuous improvement strategy, achieving efficiency, orienting customers (beneficiaries), and (...) spreading organizational culture. The most important findings of the researchers were the multiplicity of approaches used to achieve administrative excellence, such as the European model of excellence, the American model of excellence, and the Japanese model of excellence. Administrative excellence based on human resources. The study recommended taking advantage of different experiences in leading change, developing policies that support orientation towards beneficiaries, and establishing an organizational culture that supports administrative excellence, and that organizational culture shows interest in social and national responsibility because of its impact on the behavior of employees in general. (shrink)

The COVID-19 global pandemic has shone a light on several important ethical questions, ranging from fairness in resource allocation to the ethical justification of government mandates. In addition to these institutional issues, there are also several ethical questions that arise at the interpersonal level. This essay focuses on several of these issues. In particular, I argue that, despite the insistence in public health messaging that avoiding infecting others constitutes ‘saving lives’, virus transmission that results in death constitutes an act of (...) killing. Whether this killing is wrongful depends on several factors. I consider one intuitively plausible view—namely, that in many cases, killing via unintentional transmission is not wrongful, because the parties in question have implicitly waived their rights against this harm, often via reciprocal risk imposition. I argue that this view is mistaken, but that its central insight can be better captured by identifying the appropriate standards of blame that we ought to apply during a pandemic. I conclude by showing how these conclusions can be fruitfully applied to certain institutional questions, such as helping to justify restricting government mandates. (shrink)

I attempt to make sense of Hume's enigmatic characterization of the standard of taste as "a rule, by which the various sentiments of men may be reconciled; at least, a decision, afforded, confirming one sentiment, and condemning another." In particular, I take up the questions (a) how the standard could be both a rule and a decision, (b) why it is at least a decision if not a rule, and (c) why, if a rule, it may reconcile various (...) sentiments rather than merely confirm one and condemn another. (shrink)

The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...) is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)

People sometimes knowingly undermine the achievement of their own goals by, e.g., playing the lottery or borrowing from loan sharks. Are these agents acting irrationally? The standard answer is “yes.” But, in a recent award-winning paper, Jennifer Morton argues “no.” On her view, the norms of practical reasoning an agent ought to follow depend on that agent’s resource context (roughly, how rich or poor they are). If Morton is correct, the orthodox view that the same norms of practical rationality (...) apply to all agents needs revision. I argue that Morton’s arguments fail on empirical and philosophical grounds. What’s at stake? If Morton is correct, poverty relief agencies ought to re-design their incentives so resource-scarce agents can rationally respond to them. If I’m correct, resource-scarce agents do act irrationally in the cases under discussion, and we shouldn’t be shy about saying so. Instead of declaring them rational, we should try to understand the causes of their irrational behavior and help them better succeed by their own lights. (shrink)

An astonishing volume and diversity of evidence is available for many hypotheses in the biomedical and social sciences. Some of this evidence—usually from randomized controlled trials (RCTs)—is amalgamated by meta-analysis. Despite the ongoing debate regarding whether or not RCTs are the ‘gold-standard’ of evidence, it is usually meta-analysis which is considered the best source of evidence: meta-analysis is thought by many to be the platinum standard of evidence. However, I argue that meta-analysis falls far short of that (...) class='Hi'>standard. Different meta-analyses of the same evidence can reach contradictory conclusions. Meta-analysis fails to provide objective grounds for intersubjective assessments of hypotheses because numerous decisions must be made when performing a meta-analysis which allow wide latitude for subjective idiosyncrasies to influence its outcome. I end by suggesting that an older tradition of evidence in medicine—the plurality of reasoning strategies appealed to by the epidemiologist Sir Bradford Hill—is a superior strategy for assessing a large volume and diversity of evidence. (shrink)

One of the gravest charges that has been brought against Hume’s essay “Of the Standard of Taste” is that of circularity. Hume is accused of defining good art in terms of “true judges,” and of defining true judges in terms of their ability to judge good art. First, I argue that Hume avoids circularity since he offers a way of identifying good art that is logically independent of the verdict of true judges. Second, I argue that this clarifies an (...) enduring puzzle in the scholarship on Hume’s essay: why he appears to offer not one but two standards of taste. Hume’s standard does not consist of general rules; however, Hume needs general rules to establish that some individuals’ tastes are more “delicate” than others’. (shrink)

A critical study of Kieran Setiya's *Reasons without Rationalism*.

Relatively few authors attempt to assess individuals’ moral responsibility for collective action within organizations. I draw on fairly technical recent work by Seamus Miller, Christopher Kutz, and Tracy Isaacs in the field of collective responsibility to see what normative lessons can be prepared for people considering entry into large hierarchical, compartmentalized organizations like businesses or the military. I will defend a view shared by Isaacs that group members’ responsibility for collective action depends on intentions to contribute to particular collective actions, (...) against Miller and Kutz’s more inculpating standards. Miller and Kutz fail to achieve their goal of articulating a variable standard for measuring individual responsibility within organizations, for reasons suggesting we might not be able to do better with their theoretical commitments than a threshold warning for all potential entrants to be wary of the groups they enter. Isaacs sketches an approach that is more successful at creating a variable standard for assessing high echelon actors; I build on and refine her theory to argue that organization members can be held responsible for their unique interpretations of the organization mission and unique contributions to their role duties. High echelon actors may share personal responsibility for their subordinates’ behavior when they have created the conditions for those actions through their unique orders. (shrink)

In True enough,, Elgin argues against veritism, which is the view that truth is the paramount epistemic objective. Elgin’s argument against veritism proceeds from considering the role that models, idealizations, and thought experiments play in science to the conclusion that veritism is unacceptable. In this commentary, I argue that Elgin’s argument fails as an argument against veritism. I sketch a refutation by logical analogy of Elgin’s argument. Just as one can aim at gold medals and still find approximations to gold, (...) such as silver and bronze medals, to be acceptable and honest achievements in competitive sports, one can aim at full truths as the paramount epistemic objective and still find approximations to truth, such as models and idealizations, to be acceptable and honest achievements in scientific inquiry. (shrink)

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)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In (...) this paper, I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

This dissertation focuses on questions regarding the metaphysical and psychological possibility of self-deception and attempts to show that self-deception is a phenomenon best characterized as both motivated and intentional, such that self-deceivers can be held responsible for their deceptions in a stronger sense than that of being merely epistemically negligent. -/- In Chapter One, I introduce the paradoxes of self-deception, which arise when one attempts to draw a close analogy between self- and other-deception, and I discuss the various ways in (...) which one might characterize an unwarranted belief as irrational. I go on to show how the various ways one understands interpersonal deception may mirror the various accounts one might give of self-deception. I concluded the chapter with a brief discussion of the role of empirical studies in philosophical investigations of irrationality. -/- In Chapter Two, I look more closely at a particular kind of intentionalist account of self-deception, namely the claim that we must suppose the existence of a partitioned mind to make sense of the so-called "internal irrationality" of the self-deceiver. I discuss both stronger and weaker versions of this theory, in an attempt to show that it tends to raise more metaphysical worries than it solves. I argue further that if there is such a thing as divisions within the mind, an account of self-deception centered around such divisions will not get the intentionalist about self-deception what he or she wants. -/- In Chapter Three, I move on to discuss non-intentionalist accounts of self-deception. Such theories have gained in popularity in recent years, due to their appeals to explanatory parsimony. Against these theories, I argued that there are certain phenomenon we take to be central to self-deception that Mele, Barnes, et al. cannot account for. I therefore propose that a more robust account of self-deception is necessary to make sense of these phenomena. -/- Chapter Four attempts to provide such an account. I claim that if we focus more heavily on the diachronic process by which self-deceivers elicit and/or maintain their beliefs over time, what emerges looks much more like an intentional project aimed at the manipulation of one's evidence or evidential standards than a mere more-or-less unconscious process of motivated biasing. I suggest that such a view can escape the paradoxes of self-deception, while at the same time making sense of the features lacking on non-intentionalist accounts. -/- Finally, in Chapter Five I examine the morality of self-deception. I argue that self-deceivers are not only epistemically but also morally responsible for their self-deceptions, and that self-deception generally represents a moral failure on the part of the moral agent, regardless of the normative moral theory one adopts. (shrink)

Despite appeals to Hume in debates over moralism in art criticism, we lack an adequate account of Hume’s moralist aesthetics, as presented in “Of the Standard of Taste.” I illuminate that aesthetics by pursuing a problem, the moral prejudice dilemma, that arises from a tension between the “freedom from prejudice” Hume requires of aesthetic judges and what he says about the relevance of moral considerations to art evaluation. I disarm the dilemma by investigating the taxonomy of prejudices by which (...) Hume justifies the true judge’s moralism. The result distinguishes Hume’s aesthetic and moral points of view while defending aesthetic moralism. (shrink)

One popular theory of moral responsibility locates responsible agency in exercises of control. These control-based theories often appeal to tracing to explain responsibility in cases where some agent is intuitively responsible for bringing about some outcome despite lacking direct control over that outcome’s obtaining. Some question whether control-based theories are committed to utilizing tracing to explain responsibility in certain cases. I argue that reflecting on certain kinds of negligence shows that tracing plays an ineliminable role in any adequate control-based (...) theory of responsibility. (shrink)

In his 'Of the Standard of Taste' David Hume seems to make the paradoxical claim that even though the sentiments an agent feels in response to an artwork are subjective and unique, and it cannot be said that such sentiments are either correct or incorrect, there is a standard upon which art can be judged, which is at least partly determined by these sentiments.

Are the standards of reasoning and rationality in divination, religious practice, and textual exegesis different from those in the sciences? Can there be different standards of reasoning and rationality at all? The intense “rationality debate” of the 1960s, 70s, and 80s focused on these questions and the related problems of relativism across cultures and systems of practice. Although philosophers were at the center of these debates at the time, they may appear to have abandoned the question in recent years. On (...) the contrary, I discuss recent developments in philosophy that approach the issue from a number of new directions, changing our understanding of reasoning and rationality. I argue that, in comparing the diviner to the scientist, focusing on reasoning is likely to be a red herring. Instead, I argue that a careful treatment of rationality, paying particular attention to its context-dependence, untangles longstanding confusions. Moreover, it points the way forward to investigating modest but interesting ways for there to be alternative standards of rationality. (shrink)

Judgments of blame for others are typically sensitive to what an agent knows and desires. However, when people act negligently, they do not know what they are doing and do not desire the outcomes of their negligence. How, then, do people attribute blame for negligent wrongdoing? We propose that people attribute blame for negligent wrongdoing based on perceived mental control, or the degree to which an agent guides their thoughts and attention over time. To acquire information about others’ mental (...) control, people self-project their own perceived mental control to anchor third-personal judgments about mental control and concomitant responsibility for negligent wrongdoing. In four experiments (N = 841), we tested whether perceptions of mental control drive third-personal judgments of blame for negligent wrongdoing. Study 1 showed that the ease with which people can counterfactually imagine an individual being non-negligent mediated the relationship between judgments of control and blame. Studies 2a and 2b indicated that perceived mental control has a strong effect on judgments of blame for negligent wrongdoing and that first-personal judgments of mental control are moderately correlated with third-personal judgments of blame for negligent wrongdoing. Finally, we used an autobiographical memory manipulation in Study 3 to make personal episodes of forgetfulness salient. Participants for whom past personal episodes of forgetfulness were made salient judged negligent wrongdoers less harshly compared to a control group for whom past episodes of negligence were not salient. Collectively, these findings suggest that first-personal judgments of mental control drive third-personal judgments of blame for negligent wrongdoing and indicate a novel role for counterfactual thinking in the attribution of responsibility. (shrink)

The aesthetic skeptic maintains that it is futile to dispute about taste. One and the same work of art might appear beautiful to one person but repellent to another, and we have no reason to prefer one or another of these conflicting verdicts. Hume argues that the skeptic, however, moves too quickly. The crucial question is whether qualified critics will agree on their evaluations. And the skeptic fails to provide sufficient evidence that their verdicts will diverge. We have reason to (...) expect that a consensus will emerge over time, moreover, since aesthetic values are grounded on universal principles of human nature. Skeptics might doubt that there is a natural basis for a standard of taste, but this proposal is supported by recent work in experimental aesthetics and cognitive science. (shrink)

This thesis presents an interpretation of David Hume’s essay ‘Of the Standard of Taste’. The most distinguishing feature of this interpretation is the emphasis placed on the significance of Hume’s general philosophical position in a faithful reading of this philosophical classic. The success of this interpretation will show that Hume’s essay should be read as an integral part of his system of philosophy. There are three parts in this thesis. The first part is an overview of some key aspects (...) of Hume’s philosophy which are relevant to my interpretation. Unlike many contemporary philosophers in the analytic tradition, Hume is a systematic thinker. A faithful reading of his works should take his general philosophical framework seriously. Therefore, this overview of his system serves as the general background of the next two parts. The second part is a discussion of Hume’s aesthetic thought. More specifically, it provides an exposition of his view on beauty and judgements of beauty. This part completes the stage-setting for the development of my interpretation, by helping the reader form a more specific conceptual framework for understanding Hume’s essay. The third part develops an interpretation of ‘Of the Standard of Taste’ according to what has been provided in the previous two parts. It starts with an outline of the essay, which indicates Hume’s aim in writing it. After that, a few sections are devoted to some central elements of the essay. The last section of this part discusses four controversies concerning Hume’s essay. These discussions establish the strength of this interpretation, or at least, the fruitful prospect of an interpretative project that integrates Hume’s essay into his whole system. (shrink)

The counterfactual mental state of negligent criminal activity invites skepticism from those who see mental states as essential to responsibility. Here, I offer a revision of the mental state of criminal negligence, one where the mental state at issue is actual and not merely counterfactual. This revision dissolves the worry raised by the skeptic and helps to explain negligence’s comparatively reduced culpability.

In his essay ‘Of the Standard of Taste,’ Hume argues that artworks with morally flawed outlooks are, to some extent, aesthetically flawed. While Hume's remarks regarding the relationship between art and morality have influenced contemporary aestheticians, Hume's own position has struck many people as incoherent. For Hume appears to entangle himself in two separate contradictions. First, Hume seems to claim both that true judges should not enter into vicious sentiments and that true judges should adopt the standpoint of an (...) artwork's intended audience. But The Iliad, say, was obviously intended for an audience that shared Homer's flawed moral outlook. Second, Hume appears to claim that our moral sentiments are both highly resistant to change and extremely fragile. This essay defends Hume against these two objections by drawing increased attention to the role that Hume's aesthetics assigns to the faculty of good sense or sound reason. (shrink)

This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.

Negligence and omission are closely related: commonly, in cases of negligent action, the agent has failed to turn her attention to some pertinent fact. But that omission is itself typically unwitting. A sufficient condition for blameworthiness for an unwitting omission is offered, as is an account of blameworthiness for negligent action. It is argued that one can be blameworthy for wrongdoing done from ignorance even if one is not blameworthy for that ignorance.

Thomas Hill famously argued that what really bothers us about environmental degradation is best discovered by asking “What kind of person would do such a thing?” Beliefs, some of which are blameworthy, are among the things that define what kind of person one is. What we care about is reflected in whether one’s epistemic practices align with one’s core moral convictions and common standards of decency. Our moral sensitivities are reflected in what we attend to and reflect upon. What we (...) do not notice can be a result of culpable indifference or self-deception. Environmental beliefs formed with negligent disregard for the risks they create for others are reflections of a vicious moral character. Beliefs of citizens have consequences. They determine what politicians will respond to and what policies they will introduce. Ideological commitments have been shown to influence what one takes to be the facts about risks. When the ethical dimensions of environmental beliefs and ignorance are unchallenged society drifts morally. Emphasizing the relationship between commonly shared moral convictions (more basic than ideological commitments) and risky environmental beliefs and actions has more potential to create environmental awareness than the current focus on environmental science and the economic benefits of better environmental policies. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...) selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)