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)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...) involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...) has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis is (...) instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

COVID-19 vaccination of children has begun in various high-income countries with regulatory approval and general public support, but largely without careful ethical consideration. This trend is expected to extend to other COVID-19 vaccines and lower ages as clinical trials progress. This paper provides an ethical analysis of COVID-19 vaccination of healthy children. Specifically, we argue that it is currently unclear whether routine COVID-19 vaccination of healthy children is ethically justified in most contexts, given the minimal direct benefit that COVID-19 vaccination (...) provides to children, the potential for rare risks to outweigh these benefits and undermine vaccine confidence, and substantial evidence that COVID-19 vaccination confers adequate protection to risk groups, such as older adults, without the need to vaccinate healthy children. We conclude that child COVID-19 vaccination in wealthy communities before adults in poor communities worldwide is ethically unacceptable and consider how policy deliberations might evolve in light of future developments. (shrink)

Over the last three decades, studies in microbiology have exposed a world of diverse and dynamic interactions. Through metagenomic sequencing, complex bacterial communities became visible and proved important for many biological phenomena. As a result of discovering the connection between microorganisms and organisms’ survival, the notion of the holobiont has become prominent and has been suggested as a biological individual. The view of the holobiont as an individual, commonly known as the Hologenome Theory, focuses on the interactions and relations between (...) the host and its symbionts in the host’s development and evolution. Today, the holobiont is at the heart of the debate on the nature of the biological individual, a debate which is connected to the same question about the nature of the individual organism. (shrink)

Bioethics, Volume 36, Issue 6, Page 687-698, July 2022.

Should people get vaccinated for the sake of others? What could ground—and limit—the normative claim that people ought to do so? In this paper, we propose a reasons-based consequentialist account of vaccination for the benefit of others. We outline eight harm-based and probabilistic factors that, we argue, give people moral reasons to get vaccinated. Instead of understanding other-directed vaccination in terms of binary moral duties (i.e., where people either have or do not have a moral duty to get vaccinated), we (...) develop a scalar approach according to which people can have stronger or weaker moral reasons to get vaccinated in view of the moral good of vaccination. One advantage of our approach is that it can capture why a person might have strong moral reasons to get vaccinated with Vaccine A, but only weak moral reasons to get vaccinated with Vaccine B. We discuss theoretical strengths of our approach and provide a case study of vaccination against COVID-19 to demonstrate its practical significance. (shrink)

Issues of pretense and imagination are of central interest to philosophers, psychologists, and researchers in allied fields. In this entry, we provide a roadmap of some of the central themes around which discussion has been focused. We begin with an overview of pretense, imagination, and the relationship between them. We then shift our attention to the four specific topics where the disciplines' research programs have intersected or where additional interactions could prove mutually beneficial: the psychological underpinnings of performing pretense and (...) of recognizing pretense, the cognitive capacities involved in imaginative engagement with fictions, and the real-world impact of make-believe. In the final section, we discuss more briefly a number of other mental activities that arguably involve imagining, including counterfactual reasoning, delusions, and dreaming. (shrink)

The rapid expansion of Big Tech companies into various societal domains (e.g., health, education, and agriculture) over the past decade has led to increasing concerns among governments, regulators, scholars, and civil society. While existing theoretical frameworks—often revolving around privacy and data protection, or market and platform power—have shed light on important aspects of Big Tech expansionism, there are other risks that these frameworks cannot fully capture. In response, this editorial proposes an alternative theoretical framework based on the notion of sphere (...) transgressions, which draws on political philosopher Michael Walzer's theory of justice. The editorial not only introduces the sphere transgressions framework, but it also highlights its potential to generate novel research questions. Furthermore, this editorial introduces eight articles and one commentary from a group of interdisciplinary scholars that critically examine Big Tech expansionism by reflecting on this expansionism from the perspective of different societal spheres or by engaging with the sphere transgressions framework itself. (shrink)

In this position paper, we have used Alan Cooper’s persona technique to illustrate the utility of audio- and video-based AAL technologies. Therefore, two primary examples of potential audio- and video-based AAL users, Anna and Irakli, serve as reference points for describing salient ethical, legal and social challenges related to use of AAL. These challenges are presented on three levels: individual, societal, and regulatory. For each challenge, a set of policy recommendations is suggested.

Review of Tamar Schapiro, 'Feeling Like It'.

Contribution to a symposium on Gendler's Intuition, Imagination, and Philosophical Methodology.

It is widely assumed that Kant’s moral psychology draws from the dualist tradition of Plato and Aristotle, which takes there to be distinct rational and non-rational parts of the soul. My aim is to challenge the air of obviousness that psychological dualism enjoys in neo-Kantian moral psychology, specifically in regard to Tamar Schapiro’s account of the nature of inclination. I argue that Kant’s own account of inclination instead provides evidence of his commitment to psychological monism, the idea that the (...) mentality of an adult human being is rational through and through. I first consider Schapiro’s “intuitions” in favour of dualism: inclination must have a non-rational source, she contends, because they assail us unbidden and are not immediately responsive to volition, and because we are not responsible simply for having inclinations (only for acting on them). I explain how a monistic account of the nature of inclination can accommodate the first two points, and explain why the third neither is a point a Kantian can accept, nor is its denial the affront to common sense that Schapiro supposes. Then I turn to Schapiro’s aim to conceive of reflection as non-rational and thus independent of justificatory thought, and yet such as to induce rational reflection. I argue that it remains mysterious how inclination, on her account, could be resourced to play this role; and with that criticism in mind, I conclude by making a positive case for Kant’s conceiving of inclination in monistic terms, as an expression of rational mindedness. (shrink)

We examine dialectical tensions between “dialogue” and “narrative” as these discourses supplant one another as the fundamental discourse of intelligibility, through juxtaposing two interpretations of Genesis 38 rooted in changing interpretative paradigms. Is dialogue properly understood as a narrative genre, or is narrative the content about which people are in dialogue? Is the divine–human relationship a narrative drama or is it a dialogue between a god and human beings? We work within parameters laid out by the philosophical hermeneutics of Gadamer (...) (primarily representing dialogue) and Ricoeur (primarily representing narrative). On the one hand, a feminist approach can develop Tamar as a courageous hero in impossible circumstances, strategizing to overturn Judah’s patriarchal naïveté. On the other hand, Judah seems to be able to be read as a tragic hero, seeking to save Tamar. These readings challenge one another, where either Tamar’s or Judah’s autonomy is undermined. By putting these interpretations into dialogue, our aim is to show that neither dialogue nor narrative succeeds the other with finality, and that we can achieve a fragile integration of the two (dialogue and narrative) despite their propensity toward polarization. (shrink)

Tamar Gendler takes on “explaining our comparative difficulty in imagining fictional worlds that we take to be morally deviant” (56), otherwise known as the puzzle of imaginative resistance. Generally speaking, readers have no trouble believing untrue factual claims such as in Alice in Wonderland or The Adventures of Huckleberry Finn, but we resist claims which advocate praise or approval of immoral acts such as murder. Gendler submits that the implied author aims to persuade the reader to change his or (...) her moral beliefs, thereby causing imaginative resistance. This paper will explain that imaginative resistance is fundamentally an interpersonal moral conflict as experienced in the ethical theory of moral subjectivism, and will suggest ways to manage imaginative resistance by looking at the whole work of fiction. (shrink)

I assess Tamar Gendler's (2007) account of self-deception according to which its characteristic state is not belief, but imaginative pretense. After giving an overview of the literature and presenting the conceptual puzzles engendered by the notion of self-deception, I introduce Gendler's account, which emerges as a rival to practically all extant accounts of self-deception. I object to it by first arguing that her argument for abandoning belief as the characteristic state of self-deception conflates the state of belief and the (...) process of belief-formation when interpreting David Velleman's (2000) thesis that belief is an essentially truth-directed attitude. I then call attention to the fact that Velleman's argument for the identity of motivational role between belief and imagining, on which Gendler's argument for self-deception as pretense depends, conflates two senses of 'motivational role'-a stronger but implausible sense and a weaker but explanatorily irrelevant sense. Finally, I introduce Neil Van Leeuwen's (2009) argument to the effect that belief is the practical ground of all non-belief cognitive attitudes in circumstances wherein the latter prompt action. I apply this framework to Gendler's account to ultimately show that imaginative pretense fails to explain the existence of voluntary actions which result from self-deception. (shrink)

A challenge we face in a world that has been shaped by, and continues to be shaped by, racist attitudes and institutions is that the evidence is often stacked in favor of racist beliefs. As a result, we may find ourselves facing the following conflict: what if the evidence we have supports something we morally shouldn’t believe? For example, it is morally wrong to assume, solely on the basis of someone’s skin color, that they’re a staff member. But, what if (...) you’re in a context where, because of historical patterns of discrimination, someone’s skin color is a very good indicator that they’re a staff member? When this sort of normative conflict looms, a conflict between moral considerations on the one hand and what you epistemically ought to believe given the evidence on the other, what should we do? It might be unfair to assume that they’re a staff member, but to ignore the evidence would mean risking inaccurate beliefs. Some, notably Tamar Gendler (2011), have suggested that we simply face a tragic irresolvable dilemma. In this chapter, I consider how these cases of conflict arise and I canvass the viability of suggested resolutions of the conflict. In the end, I argue that there’s actually no conflict here. Moral considerations can change how we epistemically should respond to the evidence. (shrink)

Action is not always guided by conscious deliberation; in many circumstances, we act intuitively rather than reflectively. Tamar Gendler (2014) contends that because intuitively guided action can lead us away from our reflective commitments, it limits the power of knowledge to guide action. While I agree that intuition can diverge from reflection, I argue that this divergence does not constitute a restriction on the power of knowledge. After explaining my view of the contrast between intuitive and reflective thinking, this (...) paper argues against the conclusions Gendler draws from empirical work on implicit bias. (shrink)

In two very influential papers from 2008, Tamar Gendler introduced the concept of “alief” to describe the mental state one is in when acting in ways contrary to their consciously professed beliefs. For example, if asked to eat what they know is fudge, but shaped into the form of dog feces, they will hesitate, and behave in a manner that would be consistent with the belief that the fudge is really poop. They alieve that it is disgusting, while they (...) believe it is not. This paper investigates laughter from self-proclaimed egalitarian, tolerant folk, in response to oppressive jokes that might fit the alief-model. If I merely alieve the content of a joke at which I laugh, will that constitute morally exculpating reasons for such laughter? And what else might it imply? This paper will provide insights at the intersections of humor studies, ethics, epistemology, phenomenology, and the philosophy of mind, all while being moderately and appropriately amusing. (shrink)

The majority of philosophers of religion, at least since Plantinga’s reply to Mackie’s logical problem of evil, agree that it is logically possible for an omnibenevolent, omniscient, and omnipotent God to exist who permits some of the evils we see in the actual world. This is conceivable essentially because of the possible world known as heaven. That is, heaven is an imaginable world in a similar way that logically possible scenarios in any fiction are imaginable. However, like some of the (...) imaginable stories in fiction where we are asked to envision an immoral act as a moral one, we resist. I will employ the works of Tamar Gendler on imaginative resistance and Keith Buhler’s Virtue Ethics approach to moral imaginative resistance and apply them to the conception of heaven and the problem of evil. While we can imagine God as an omnibenevolent parent permitting evil to allow for morally significant freedom and the rewards in heaven or punishments in hell (both possible worlds), we should not. This paper is not intended to be a refutation of particular theodicies; rather it provides a very general groundwork connecting issues of horrendous suffering and imaginative resistance to heaven as a possible world. (shrink)

The paper is a contribution to the debate on the epistemological status of thought experiments. I deal with the epistemological uniqueness of experiments in the sense of their irreducibility to other sources of justification. In particular, I criticize an influential argument for the irreducibility of thought experiments to general arguments. First, I introduce the radical empiricist theory of eliminativism, which considers thought experiments to be rhetorically modified arguments, uninteresting from the epistemological point of view. Second, I present objections to the (...) theory, focusing on the critique of eliminativism by Tamar Szabó Gendler based on the reconstruction of famous Galileo's Pisa experiment. I show that her reconstruction is simplistic and that more elaborate reconstruction is needed for an appropriate assessment of the epistemic power of general argument. I propose such a reconstruction and demonstrate that general version of Pisa experiment is epistemically equal to the particular one. Thus, from an epistemological perspective, Galileo's thought experiment is reducible to a straightforward argument without particular premises. (shrink)

İonya, MÖ 1000’lerde 12 İon koloni şehrinin birlikteliğiyle oluşmuştur. İonlar bir denizci topluluğuydu ve kültürel etkileşimleri, halkına sunduğu özgürlükçü alan onların düşünsel duruşunun önemli nedenlerindendi. İonya doğayı anlama, görünenin ve değişenin ardında yatan değişmeyen temel ilkenin ne olduğu konusunda rasyonel bir tutumun, girişimin ortaya konduğu önemli bir merkezdi. Bu 12 şehirden en önemlisiyse Milet’ti (Rasyonalist, 2020). İsmi, İon dilinde Miletos, Dor dilinde Milatos, Aiol dilinde ise Millatos’dur (Gür, 2010: 225). Ortaçağda tiyatronun üzerindeki kaleden dolayı Palatia olarak anılmış, Türk egemenliğine girdikten (...) sonra Balat olarak anılmıştır (Erşen, 2007: 207). Bu ad, harabelerin antik dönemdeki büyük kralların sarayları olduğu inancından doğan ve Yunanca’da saray anlamına gelen Palatia sözcüğünün bozulmuş halidir (Freely, 2008: 131). (shrink)

Contribution to a book symposium on Tamar Gendler's Intuition, Imagination, and Philosophical Methodology.

Imaginative resistance (IR) is rejecting a claim that is true within a fictional world. Accounts that describe IR hold that readers exit a fiction at points of resistance. But if resistance entails exiting a fiction, then learning morality from fiction doesn’t occur. But moral learning from fiction does occur; some such cases are instances of accepting a norm one first denied. I amend current solutions to IR with poetic license. The more poetic license granted a work, the more flexible one (...) is regarding perceived falsehoods. Instead of exiting the fiction, one has the chance to stay engaged and possibly learn norms she previously denied. (shrink)