Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...) these analyses mistakenly take for granted, is that at issue is the 'efficacy' of each omission. I argue, on the contrary, the puzzle of omissive overdetermination favors taking the act/omission distinction seriously. Factual causation, properly understood precludes omissions (i.e. omissions are not causal). Of course, the law also attaches liability to omissions, but this works differently from liability for real causes (e.g. omissions have a duty requirement, they also respond differentially to difference-making considerations). The manner in which liability attaches for omissions differs from that of straightforward causal liability, and is entirely dependent on the underlying causal structure. Attention to that structure (e.g. that the driver's hitting the pedestrian with his car is what actually caused the injury) sheds light on which omissions matter (e.g. driver's failure to press on the brakes) and why (because that failure removes a defense the driver would have to liability for the accident he caused). Other cases, where the parties' connection is entirely omissive (e.g. two physicians fail to detect independently lethal conditions), come out differently (tracking moralized elements). The analysis offered makes better sense of both why omissive determination cases are puzzling and how to resolve them. (shrink)

Philosophers have been contemplating the nature of the mind for centuries and have produced mountains of intricate jargon, thought experiments, and views, that map a landscape of interminable disputes. One such dispute is between philosophers who believe that the mind can be explained as a mechanism and philosophers who insist it cannot. In this paper I take a look at this dispute and argue that it is unique in philosophy and a key to the nature of the mind.

This chapter investigates how a reading of Wittgenstein along the lines laid out by Cora Diamond makes room for a novel approach to ethical truth. Following Diamond, I develop the connection between the kinds of elucidatory propositions by means of which we spell out and maintain the shape of our theoretical thinking, such as “‘someone’ is not the name of someone” and “five plus seven equals twelve,” and the kind of propositions by means of which we spell out and maintain (...) the shape of ethical thinking, such as “slavery is unjust.” As Diamond points out in connection with the last example, this is a proposition that we take to be an undeniable truth; for anyone who would attempt to negate it would become unintelligible to us. In this sense this ethical truth spells out the limits of ethical thinking. And yet what counts as coherent thought about such matters tends to shift over time. Indeed the great difficulty of overcoming ethical disagreements has to do with the fact that what is at stake in them is not just the content, but the form and limits of thought. Nonetheless, Diamond proposes that ethical propositions may count as genuine truths. For this to make sense, a middle path between realism and relativism must be found. In order to show how this is possible, and in order to defend Diamond’s view, I propose to approach ethical truth by means of a disjunctivist strategy. On this approach, while we, just as much as our interlocutor, may at times be misled in our ethical thinking, and while we may at times fail to shape our ethical thought in ways that prevent us from gaining clarity on ethical matters, this does not detract from the fact that we may at times be right, and that we may then genuinely possess ethical truth. (shrink)

Answers to the questions of what justifies conscientious objection in medicine in general and which specific objections should be respected have proven to be elusive. In this paper, I develop a new framework for conscientious objection in medicine that is based on the idea that conscience can express true moral claims. I draw on one of the historical roots, found in Adam Smith’s impartial spectator account, of the idea that an agent’s conscience can determine the correct moral norms, even if (...) the agent’s society has endorsed different norms. In particular, I argue that when a medical professional is reasoning from the standpoint of an impartial spectator, his or her claims of conscience are true, or at least approximate moral truth to the greatest degree possible for creatures like us, and should thus be respected. In addition to providing a justification for conscientious objection in medicine by appealing to the potential truth of the objection, the account advances the debate regarding the integrity and toleration justifications for conscientious objection, since the standard of the impartial spectator specifies the boundaries of legitimate appeals to moral integrity and toleration. The impartial spectator also provides a standpoint of shared deliberation and public reasons, from which a conscientious objector can make their case in terms that other people who adopt this standpoint can and should accept, thus offering a standard fitting to liberal democracies. (shrink)

Is the mathematical function being computed by a given physical system determined by the system’s dynamics? This question is at the heart of the indeterminacy of computation phenomenon (Fresco et al. [unpublished]). A paradigmatic example is a conventional electrical AND-gate that is often said to compute conjunction, but it can just as well be used to compute disjunction. Despite the pervasiveness of this phenomenon in physical computational systems, it has been discussed in the philosophical literature only indirectly, mostly with reference (...) to the debate over realism about physical computation and computationalism. A welcome exception is Dewhurst’s ([2018]) recent analysis of computational individuation under the mechanistic framework. He rejects the idea of appealing to semantic properties for determining the computational identity of a physical system. But Dewhurst seems to be too quick to pay the price of giving up the notion of computational equivalence. We aim to show that the mechanist need not pay this price. The mechanistic framework can, in principle, preserve the idea of computational equivalence even between two different enough kinds of physical systems, say, electrical and hydraulic ones. (shrink)

According to veridicalism, your beliefs about the existence of ordinary objects are typically true, and can constitute knowledge, even if you are in some global sceptical scenario. Even if you are a victim of Descartes’ demon, you can still know that there are tables, for example. Accordingly, even if you don’t know whether you are in some such scenario, you still know that there are tables. This refutes the standard sceptical argument. But does it solve the sceptical problem posed by (...) that argument? I argue that it does not, because we do not know substantively more about the external world according to veridicalism than we do according to the sceptical argument. Rather, veridicalism merely reformulates what little knowledge we have. I then draw some general conclusions about the nature of the sceptical problem, the formulation of the standard argument, and the significance of this for some other, non-veridicalist strategies. (shrink)

In this essay I defend a solution to a skeptical paradox. The paradox I focus on concerns epistemic justification (rather than knowledge), and skeptical scenarios that entail that most of our ordinary beliefs about the external world are false. This familiar skeptical paradox hinges on a “closure” principle. The solution is to restrict closure, despite its first appearing as a fully general principle, so that it can no longer give rise to the paradox. This has some extra advantages. First, it (...) suggests a general strategy that provides solutions to other versions of the paradox, not just those that depend on closure. Second, it clarifies the relation between the paradox and other kinds of skeptical problem. (shrink)

Wittgenstein’s Tractatus construes the nature of reasoning in a manner which sharply conflicts with the conventional wisdom that logic is normative, not descriptive of thought. For although we sometimes seem to reason incorrectly, Wittgenstein denies that we can make logical mistakes (5.473). My aim in this paper is to show that the Tractatus provides us with good reasons to rethink some of the central assumptions that are standardly made in thinking about the relation between logic and thought. In particular, the (...) rejection of logical mistakes is to be understood in connection with Wittgenstein’s non-psychological approach to the thinking subject (5.641). On Wittgenstein's view, inference, understanding, and meaning are holistically related; cases of defective reasoning are to be explained in terms of a defective grasp of meaning which manifests in an indeterminate use of signs. Invalid reasoning therefore does not count for Wittgenstein as a species of reasoning, but rather as the mere illusion of reasoning. The rejection of logical mistakes thus gives voice to a radical disjunctivist approach. (shrink)

The notion of the riddle plays a pivotal role in Wittgenstein’s Tractatus . By examining the comparisons he draws between philosophical problems and riddles, this paper offers a reassessment of the aims and methods of the book. Solving an ordinary riddle does not consist in learning a new fact; what it requires is that we transform the way we use words. Similarly, Wittgenstein proposes to transform the way philosophers understand the nature of their problems. But since he holds that these (...) problems are ultimately unsolvable, rather than attempting to solve the riddles of philosophy, he aims to dissolve them. (shrink)

The fundamental error of the metaphysical tradition, according to Heidegger, is the subordination of general ontology to the ontology of a special, exemplary entity (God, the soul, etc.). But Being and Time itself treats one kind of entity as exemplary, namely Dasein. Does this mean that Heidegger fails to free himself from the kind of metaphysics that he sought to criticize? To show how he avoids this charge I propose to examine the parallels between the methodology of Being and Time (...) and the methodology Heidegger ascribes to Aristotle's Metaphysics. Heidegger takes the virtue of Aristotle's inquiry to reside in the way he resists the subordination of general to special ontology: Aristotle was guided by a "double concept" of metaphysics, pursued two irreducibly distinct methods of inquiry, and avoided the temptation to unite them. In proposing to similarly pursue a "double task" in Being and Time Heidegger seeks to apply this insight to his own work. Alongside the task of fundamental ontology, Heidegger spells out the shape of a second task, Destruktion, understood as a historical critique that traces ontological concepts back to their ontic roots. But Destruktion is not a mere addendum to fundamental ontology; the two tasks are meant to counterbalance one another and thereby prevent the collapse of the ontological difference between being and beings. Indeed, Heidegger proposes to apply Destruktion to the results of his own fundamental ontology. He hopes to thereby achieve a transformation of the philosophical attitude which underpins the metaphysical tradition. (shrink)

Both Heidegger and Wittgenstein consider the possibility of a philosophical inquiry of an absolutely universal scope—an inquiry into the being of all beings, in Heidegger’s case, and into the logical form of everything that can be meaningfully said, in Wittgenstein’s. Moreover, they both raise the worry that the theoretical language by means of which we speak of particular beings and assert particular facts is not suited to this task. And yet their own philosophical work seems to include many assertions of (...) ordinary, theoretical language. Are they being inconsistent? Or are they hoping to use theoretical language in a way that conveys what cannot be said in that language? Much of the scholarship on each of these thinkers takes the form of one of the two horns of this dilemma. In the context of Wittgenstein scholarship, however, a third alternative has been proposed: the Resolute Reading of the Tractatus. My aim is to establish the availability of a similar solution to Heidegger’s predicament. It will emerge that Heidegger rejects the possibility of a theoretical account of being and pursues a project of a radically different sort, whose goal is to bring about a transformation of our fundamental relation to being. (shrink)

Wittgenstein seeks to throw light on our concept of understanding by looking at how misunderstandings arise and what kinds of failure they involve. He discerns a peculiar sort of misunderstanding in the writings of the social anthropologist James Frazer. In Frazer’s hands, the anthropological project of enabling us to understand human behavior seems to yield the result that there are certain forms of human behavior that simply cannot be understood. The source of Frazer’s misunderstanding, according to Wittgenstein, is that he (...) places narrow requirements on what could count as meaningful, prior to and independently of his encounter with the subjects of his interpretation. Frazer, like some of the philosophers Wittgenstein addresses in his other works, succumbs to nonsense in his very attempt to draw the limits of sense. My aim in this chapter is to clarify the connections between Wittgenstein’s criticism of Frazer and his criticism of his fellow philosophers, in particular of Frege. The materials I draw on stem from various periods in Wittgenstein’s career, and they reveal, in my mind, an important continuity in Wittgenstein’s thought: addressing misunderstanding, in Wittgenstein’s view, is fundamentally an ethical problem, not a theoretical one. (shrink)

The problem of skepticism is often understood as a paradox: a valid argument with plausible premises whose conclusion is that we lack justification for perceptual beliefs. Typically, this conclusion is deemed unacceptable, so a theory is offered that posits conditions for justification on which some premise is false. The theory defended here is more general, and explains why the paradox arises in the first place. Like Strawson’s (Introduction to logical theory, Wiley, New York, 1952) “ordinary language” approach to induction, the (...) theory posits something built into the very notion of justification: it is loaded with a bias towards the proposition that we are not massively deceived. Beyond the paradox, remaining skeptical problems consist of metaphysical and practical questions: whether we are massively deceived, or why we should use our loaded notion rather than some other. Such challenges have profound epistemological significance, but they are not problems that an a priori theory of justification can solve. (shrink)

This article explores the social value of privacy and the intricate relationship between personal autonomy and societal cohesion within the realm of privacy. It contrasts George Herbert Mead’s two models of social organization—hostility and integration—in terms of their impact on the interplay between individuals and society. The model of hostility envisions individuals and society engaged in a zero-sum game, resulting in diminished individuality and an atomistic view of autonomy. In contrast, the model of integration recognizes the interdependence of entities, fostering (...) individuality and promoting a relational understanding of autonomy. Applying these models to privacy theory, the article argues that privacy has often been conceived in terms of hostility, pitting individuals against society. Instead, the article advocates for embracing the model of integration, in which privacy is seen as fundamental to a society where individuals maintain their uniqueness while pursuing a common good. The right to privacy, rooted in this integrative model, allows individuals to preserve their distinct social selves while participating in joint social organization. Furthermore, understanding privacy through the lens of integration highlights the importance of the common good as a necessary condition for both individuality and autonomy. This relational perspective positions privacy as an essential aspect of a democratic and moral society, where diverse individuals mutually constitute themselves and the broader social fabric. By presenting this view, the article offers a fresh understanding of privacy's social value and its implications for societal organization, democracy, and morality. (shrink)

In Tractatus 5.132 Wittgenstein argues that inferential justification depends solely on the understanding of the premises and conclusion, and is not mediated by any further act. On this basis he argues that Frege’s and Russell’s rules of inference are “senseless” and “superfluous”. This line of argument is puzzling, since it is unclear that there could be any viable account of inference according to which no such mediation takes place. I show that Wittgenstein’s rejection of rules of inference can be motivated (...) by taking account of his holistic construal of the relation between inference and understanding. (shrink)

Artefacts do not always do what they are supposed to, due to a variety of reasons, including manufacturing problems, poor maintenance, and normal wear-and-tear. Since software is an artefact, it should be subject to malfunctioning in the same sense in which other artefacts can malfunction. Yet, whether software is on a par with other artefacts when it comes to malfunctioning crucially depends on the abstraction used in the analysis. We distinguish between “negative” and “positive” notions of malfunction. A negative malfunction, (...) or dysfunction, occurs when an artefact token either does not or cannot do what it is supposed to. A positive malfunction, or misfunction, occurs when an artefact token may do what is supposed to but, at least occasionally, it also yields some unintended and undesirable effects. We argue that software, understood as type, may misfunction in some limited sense, but cannot dysfunction. Accordingly, one should distinguish software from other technical artefacts, in view of their design that makes dysfunction impossible for the former, while possible for the latter. (shrink)

By means of a reductio argument, Wittgenstein’s Tractatus calls into question the very idea that we can represent logical form. My paper addresses three interrelated questions: first, what conception of logical form is at issue in this argument? Second, whose conception of logic is this argument intended to undermine? And third, what could count as an adequate response to it? I show that the argument construes logical form as the universal, underlying correlation of any representation and the reality it represents. (...) I further show that the argument seeks to undermine core commitments of Frege’s and Russell’s. But the reductio, as I read it, is not intended to establish the falsity of any of their specific assumptions. Rather, its aim is to make manifest the indeterminacies that underlie the language in which these assumptions are framed, and establish the need for a transformation of that language. So understood, Wittgenstein’s argument exemplifies his idea that philosophy is not a theory, but an activity of elucidation. The interpretation I propose bears on one of the central debates in the literature, namely how we should understand Wittgenstein’s contention that his elucidations succeed despite being nonsensical. (shrink)

In this paper I present objections to the Fading Qualia and Dancing Qualia thought experiments, which David Chalmers uses to argue that functional organization fully determines conscious experience.

A critical assessment of the second chapter of Samuel Fleischacker’s Being Me Being You, where Fleischacker makes use of Smith’s account of empathy to develop a distinctive Smithian conception of ‘humanity’.

Two problems seem to plague Adam Smith’s account of sympathy and approbation in The Theory of Moral Sentiments (TMS). First, Smith’s account of sympathy at the beginning of TMS appears to be inconsistent with the account of sympathy at the end of TMS. In particular, it seems that Smith did not appreciate the distinction between ‘self-oriented sympathy’ and ‘other-oriented sympathy’, that is, between imagining being oneself in the actor’s situation and imagining being the actor in the actor’s situation. Second, Smith’s (...) account of approbation, according to which a sentiment of approval arises when there is recognition of concordance between the spectator’s sympathetic passion and the actor’s original passion, seems to face the following problem: since the spectator attains both his own sympathetic passion and the actor’s original passion by sympathizing with the actor, the sympathetic passion of the spectator and the original passion of the actor will necessarily be identical. Therefore, Smith’s account of approbation requires that the spectator utilize both self-oriented and other-oriented sympathy (‘the double-sympathy model of approbation’). I offer a novel developmental account of sympathy in TMS that renders Smith’s account of sympathy consistent and allows for the utilization of the double-sympathy model of approbation. (shrink)

Physicians frequently ask whether they should give patients what they want, usually when there are considerations pointing against doing so, such as medicine’s values and physicians’ obligations. It has been argued that the source of medicine’s values and physicians’ obligations lies in what has been dubbed “the internal morality of medicine”: medicine is a practice with an end and norms that are definitive of this practice and that determine what physicians ought to do qua physicians. In this paper, I defend (...) the claim that medicine requires a morality that is internal to its practice, while rejecting the prevalent characterization of this morality and offering an alternative one. My approach to the internal morality of medicine is constructivist in nature: the norms of medicine are constructed by medical professionals, other professionals, and patients, given medicine’s end of “benefitting patients in need of prima facie medical treatment and care.” I make the case that patients should be involved in the construction of medicine’s morality not only because they have knowledge that is relevant to the internal morality of medicine—namely, their own values and preferences—but also because medicine is an inherently relational enterprise: in medicine the relationship between physician and patient is a constitutive component of the craft itself. The framework I propose provides an authoritative morality for medicine, while allowing for the incorporation, into that very morality, of qualified deference to patient values. (shrink)

The literature on conscientious objection in medicine presents two key problems that remain unresolved: Which conscientious objections in medicine are justified, if it is not feasible for individual medical practitioners to conclusively demonstrate the genuineness or reasonableness of their objections? How does one respect both medical practitioners’ claims of conscience and patients’ interests, without leaving practitioners complicit in perceived or actual wrongdoing? My aim in this paper is to offer a new framework for conscientious objections in medicine, which, by bringing (...) medical professionals’ conscientious objection into the public realm, solves the justification and complicity problems. In particular, I will argue that: an “Uber Conscientious Objection in Medicine Committee” —which includes representatives from the medical community and from other professions, as well as from various religions and from the patient population—should assess various well-known conscientious objections in medicine in terms of public reason and decide which conscientious objections should be permitted, without hearing out individual conscientious objectors; medical practitioners should advertise their conscientious objections, ahead of time, in an online database that would be easily accessible to the public, without being required, in most cases, to refer patients to non-objecting practitioners. (shrink)

In The Sources of Normativity, Korsgaard argues for what can be called “The Universality of Humanity Claim” (UHC), according to which valuing humanity in one’s own person entails valuing it in that of others. However, Korsgaard’s reliance on the claim that reasons are essentially public in her attempt to demonstrate the truth of UHC has been repeatedly criticized. I offer a sentimentalist defense, based on Adam Smith’s moral philosophy, of a qualified, albeit adequate, version of UHC. In particular, valuing my (...) humanity, understood as (my awareness of) my perspective and the reasons determined from within it, entails valuing your humanity, understood as (your awareness of) your perspective and the reasons determined from within it. Given Korsgaard’s emphasis on the publicity of reasons in her argument for UHC, I also discuss the role of reasons in my account. I argue that the relative weights of (at least some of) an agent’s reasons are determined from within a shared evaluative point of view, namely, the standpoint of what Smith calls “the impartial spectator.” These reasons have normative authority over and constrain the agent’s private reasons, that is, those that are determined from within her own particular evaluative point of view. (shrink)

I offer a novel two-stage reconstruction of Hume’s general-point-of-view account, modeled in part on his qualified-judges account in ‘Of the Standard of Taste.’ In particular, I argue that the general point of view needs to be jointly constructed by spectators who have sympathized with (at least some of) the agents in (at least some of) the actor’s circles of influence. The upshot of the account is two-fold. First, Hume’s later thought developed in such a way that it can rectify the (...) problems inherent in his Treatise account of the general point of view. Second, the proposed account provides the grounds for an adequate and well-motivated modest ideal observer theory of the standard of virtue. (shrink)

In this paper, we illustrate some serious difficulties involved in conveying information about uncertain risks and securing informed consent for risky interventions in a clinical setting. We argue that in order to secure informed consent for a medical intervention, physicians often need to do more than report a bare, numerical probability value. When probabilities are given, securing informed consent generally requires communicating how probability expressions are to be interpreted and communicating something about the quality and quantity of the evidence for (...) the probabilities reported. Patients may also require guidance on how probability claims may or may not be relevant to their decisions, and physicians should be ready to help patients understand these issues. (shrink)

I defend the feasibility of a medical conscience in the following sense: a medical professional can object to the prevailing medical norms because they are incorrect as medical norms. In other words, I provide an account of conscientious objection that makes use of the idea that the conscience can issue true normative claims, but the claims in question are claims about medical norms rather than about general moral norms. I further argue that in order for this line of reasoning to (...) succeed, there needs to be an internal morality of medicine that determines what medical professionals ought to do qua medical professionals. I utilize a constructivist approach to the internal morality of medicine and argue that medical professionals can conscientiously object to providing treatment X, if providing treatment X is not in accordance with norms that would have been constructed, in light of the end of medicine, by the appropriate agents under the appropriate conditions. (shrink)

John Rawls raises three challenges – to which one can add a fourth challenge – to an impartial spectator account: (a) the impartial spectator is a utility-maximizing device that does not take seriously the distinction between persons; (b) the account does not guarantee that the principles of justice will be derived from it; (c) the notion of impartiality in the account is the wrong one, since it does not define impartiality from the standpoint of the litigants themselves; (d) the account (...) would offer a comprehensive, rather than a political, form of liberalism. The narrow aim of the article is to demonstrate that Adam Smith's impartial spectator account can rise to Rawls's challenges. The broader aim is to demonstrate that the impartial spectator account offers the basis for a novel and alternative framework for developing principles of justice, and does so in the context of a political form of liberalism. (shrink)

My question in the chapter is this: could (and should) the role of the physician be construed as that of a friend to the patient? I begin by briefly discussing the “friendship model” of the physician-patient relationship—according to which physicians and patients could, and perhaps should, be friends—as well as its history and limitations. Given these limitations, I focus on the more one-sided idea that the physician could, and perhaps should, be a friend to the patient (a “physician-qua-friend model” of (...) the physician-patient relationship). I show that given recent developments in our understanding of the physician-patient relationship, this idea is far from asinine. I then make the case that the most plausible conception of the physician-qua-friend model incorporates the following components: (a) a common goal, that is, one that physician and patient share; (b) certain forms of equality between physician and patient; (c) an ideal of a caring physician. Finally, I show how the model can be instantiated in a certain type of physician-patient interaction, namely, in physician-assisted dying. (shrink)

The Humean Theory of Reasons, according to which all of our reasons for action are explained by our desires, has been criticized for not being able to account for “moral reasons,” namely, overriding reasons to act on moral demands regardless of one's desires. My aim in this paper is to utilize ideas from Adam Smith's moral philosophy in order to offer a novel and alternative account of moral reasons that is both desire-based and accommodating of an adequate version of the (...) requirement that moral demands have overriding reason-giving force. In particular, I argue that the standpoint of what Smith calls “the impartial spectator” can both determine what is morally appropriate and inappropriate and provide the basis for normative reasons for action—including reasons to act on moral demands—to nearly all reason-responsive agents and, furthermore, that these reasons have the correct weight. The upshot of the proposed account is that it offers an interesting middle road out of a dilemma pertaining to the explanatory and normative dimensions of reasons for informed-desire Humean theorists. (shrink)

I build on Adam Smith’s account of the impartial spectator in The Theory of Moral Sentiments in order to offer a modest ideal observer theory of moral judgment that is adequate in the following sense: the account specifies the hypothetical conditions that guarantee the authoritativeness of an agent’s (or agents’) responses in constituting the standard in question, and, if an actual agent or an actual community of agents are not under those conditions, their responses are not authoritative in setting this (...) standard. However, in the account that I provide, the hypothetical conditions can themselves be constructed from the psychology and interactions of actual human beings. In other words, facts about the morally appropriate and inappropriate are determined from hypothetical conditions that––while agents in a given society might have yet to attain them––can be constructed from those agents’ shared experiences. Thus, the account offers both an attainable standard of moral judgment and a standard that can transcend the biases of the society which gave rise to it. I also defend the account against three challenges: (a) ideal observer theories do not offer the right kind of motivation to act on the verdicts of the ideal observer; (b) ideal observer theories cannot explain why the idealization in question is well-motivated and not objectionably ad hoc; (c) the standard used in ideal observer theories cannot be defended upon further reflection, because we would need a non-arbitrary, second-order standard to govern our reflection on the first-order standard of moral judgment. (shrink)

In many countries, the COVID‐19 pandemic varied starkly between different racial and ethnic groups. Before vaccines were approved, some considered assigning priority access to worse‐hit racial groups. That debate can inform rationing in future pandemics and in some of the many areas outside COVID‐19 that admit of racial health disparities. However, concerns were raised that “race‐responsive” prioritizations would be ruled unlawful for allegedly constituting wrongful discrimination. This legal argument relies on an understanding of discrimination law as demanding color‐blindness. We argue (...) that a, color‐blind understanding of discrimination would be hostile only to one of two rationales for prioritizing the relevant racial minorities in settings of racial health disparities. We also propose a method for incorporating appropriate race‐responsive concerns that is in many ways ethically and legally superior to ones suggested thus far. That method turns artificial intelligence, thanks precisely to its artificial and “black box” nature (features that underlie recent concerns about artificial intelligence's discriminatory potential), into an instrument of social justice. (shrink)

I demonstrate that analogies, both explicit and implicit, between Wittgenstein’s discussion of rituals, aesthetics, and psychoanalysis (and, indeed, his own philosophical methodology) suggest that he entertained the idea that Freud’s psychoanalytic project, when understood correctly—that is, as a descriptive project rather than an explanatory-hypothetical one—provides a “surveyable representation” (übersichtliche Darstellung) of certain psychological facts (as opposed to psychological concepts). The consequences of this account are that it offers an explanation of Wittgenstein’s admiration for and self-perceived affinity to Freud, as well (...) as of his apparent “know-nothing approach” to empirical psychology. (shrink)

I introduce a new distinction between two types of paternalism, which I call ‘internal’ and ‘external’ paternalism. The distinction pertains to the question of whether the paternalized subject’s current evaluative judgments are mistaken relative to a standard of correctness that is internal to her evaluative point of view—which includes her ‘true’ or ‘ideal’ self—as opposed to one that is wholly external. I argue that this distinction has important implications for (a) the distinction between weak and strong paternalism; (b) the distinction (...) between soft and hard paternalism; and (c) medical practice, where internal paternalism can, and probably often does, occur. (shrink)

The world’s first COVID-19 human challenge trial using the D614G strain of SARS-CoV-2 is underway in the United Kingdom. The Wellcome Trust is funding challenge stock preparation of the Beta variant (B.1.351) for a follow-up human challenge trial, and researchers at Imperial College London are considering conducting that trial. However, little has been written thus far about the ethical justifiability of human challenge trials with SARS-CoV-2 variants of concern. While vaccine resistance as such does not increase risks for volunteers in (...) COVID-19 challenge trials, we explore two specific characteristics of some variants that may initially be thought to make such trials unethical and conclude that SARS-CoV-2 variant challenge trials can remain ethical. (shrink)

I demonstrate that analogies, both explicit and implicit, between Wittgenstein’s discussions of rituals, aesthetics, and aspect-perception, have important payoffs in terms of understanding his notion of a “surveyable representation” (übersichtliche Darstellung) as it applies to phenomena that are not exclusively grammatical in nature. In particular, I argue that a surveyable representation of certain anthropological and aesthetic facts allows us to see, qua form of aspect-perception, internal relations and formal connections, so that the inner nature of a ritual or the solution (...) of an aesthetic puzzle is exhibited. This particular form of seeing both explains why Wittgenstein thought that hypothetical explanations about the origins of a ritual are irrelevant to appreciating its meaning and elucidates his understanding of rituals, which involves seeing “internal relations” and “formal connections.” The upshots of the account for work in anthropology are discussed. (shrink)

Steve Clarke, Nathan Emmerich, Francesca Minerva and Toni Saad have offered nuanced and insightful commentaries on my paper ‘The truth behind conscientious objection in medicine’.1 I cannot, in this brief response, do justice to all of the objections and suggestions that they have raised. I have tried to focus my response on what I take to be my interlocutors’ main concerns with my Smithian account, with the hope that we can continue the conversation elsewhere. Clarke argues that both Smith and (...) I ‘underestimate the difficulties involved in overcoming the distorting influence of “self-love” on moral judgement’ and ‘fail to recognise how easy it is for us to mistake a self-interested view for an impartial one’.2 His thought is that cognitive bias and ideological commitments will prevent many of us from identifying the standpoint of the impartial spectator and from realising that we are not impartial.1 I agree that successfully adopting the standpoint of the impartial spectator is not an easy task. However, moral reasoning more generally is difficult and susceptible to bias. This does not mean that we should cease such reasoning; rather, we ought to do our best, and we are, at times, successful. Clarke discusses the entrenched attitudes of Antebellum white racists. However, attitudes about slavery have changed, and cognitive biases can change too. In other words, moral progress is possible. Moreover, as I argue in the paper, one of the advantages of the impartial-spectator approach is that it ‘provides a standpoint from which shared deliberation is possible and public reasons are available’.1 Thus, we can appreciate, with relative ease, whether an objector is reasoning from this standpoint. Clarke further argues that we should entertain the idea of employing ‘experts who are trained to overcome cognitive bias and to set aside ideological commitments’ and …. (shrink)

In the accepted view, the basic disposition of believers is one of absolute obedience, humility, and lack of critique, doubt, or, indeed, defiance of God. Only through such a disposition do believers convey their absolute faith and establish the appropriate hierarchy between God and humans. This article challenges this view and argues that, in mainstream rabbinic tradition, the believer is not required to renounce his or her moral autonomy and certainly not his or her understanding of God and the world. (...) Indeed, faith rests on such understanding; moreover, human autonomy is the mechanism through which humans convey God’s goodness and perfection. Their questions and criticism are part of a persistent effort to close the evident gap between their assumptions about God’s goodness and the flawed imperfect reality. The analysis focuses on rabbinic tradition but its implications go beyond it, presenting a model of a life of faith that compels subjects, as believers, to preserve their constitutive foundations as rational autonomous creatures. (shrink)

This report by the WHO Consultative Group on Equity and Universal Health Coverage addresses how countries can make fair progress towards the goal of universal coverage. It explains the relevant tradeoffs between different desirable ends and offers guidance on how to make these tradeoffs.

The past few decades have seen considerable interest in the history of analytic philosophy. As this field has developed, complex and provocative questions have emerged about the very nature of analytic philosophy, challenging long- standing assumptions and spawning new research paradigms. In this outstanding collection an international team of contributors examine these questions and contribute to these debates, exploring the idea of analysis, the essence and status of logic, the nature of the proposition and its linguistic expression, the logical act (...) of judgment, the distinction between external and internal relations, the possibility of category mistakes, and the demarcation of sense from nonsense. Several of the chapters shed light on the interconnections between Wittgenstein and other figures within that tradition, including Frege, Russell, Ramsey, and Ryle. Other chapters examine the interaction between analytic philosophers and members of other philosophical traditions, including Frege and Weierstrass, Wittgenstein and Schopenhauer, Wittgenstein and Bradley, Russell and the North American Pragmatists, Russell and the Neo-Kantians, Wittgenstein and Heidegger, and Heidegger and Ryle. Among the specific topics explored are Russell’s conception of the judging subject, Wittgenstein’s discussion of rule-following, Frege’s conception of the logical categories, and Wittgenstein’s conception of nonsense. The volume also includes a book review by Gilbert Ryle – collected and published non-anonymously here for the first time – which sheds important light on the reception of Frege’s philosophy in the analytic tradition. Early Analytic Philosophy: Origins and Transformations will be of great interest to those studying and researching the history of twentieth-century philosophy, contemporary analytic philosophy, and the philosophy of language and logic. (shrink)

The mental health crisis and loneliness epidemic have sparked a growing interest in leveraging artificial intelligence (AI) and chatbots as a potential solution. This report examines the benefits and risks of incorporating chatbots in mental health treatment. AI is used for mental health diagnosis and treatment decision-making and to train therapists on virtual patients. Chatbots are employed as always-available intermediaries with therapists, flagging symptoms for human intervention. But chatbots are also sold as stand-alone virtual therapists or as friends and lovers. (...) There is evidence that these uses of AI and chatbots can provide better quality service, improve accessibility, and lower costs. The systems can reduce the stigma and shame of sharing their problems and leverage a mass of biometric and behavioral data to supplement self-reports. As the systems' intelligence rapidly improves, they will need to be rigorously tested for the accuracy and precision of their diagnoses and the quality of their interactions with patients. As chatbots become indistinguishable from humans and leverage their superhuman capacity to detect affect and draw on knowledge of a patient’s life, patients will be drawn to attribute personality to and relationship with the chatbot. Consequently, it will be essential to study what the “therapeutic alliance” with an actual human counselor provides and the risks of patients attributing such a relationship to a one-sided or “parasocial” relationship. (shrink)

Samuel Fleischacker’s Being Me Being You: Adam Smith & Empathy offers a new interpretation of Adam Smith’s conception of empathy—or ‘sympathy’, as Smith referred to the phenomenon in The Theory of...

We are likely to have immersive virtual reality and ubiquitous augmented reality in the coming decades. At least some people will use extended reality or “the metaverse” to work, play and shop. In order to achieve the best possible versions of this virtual future, however, we will need to learn from three decades of regulating the Internet. The new virtual world cannot consist of walled corporate fiefdoms ruled only by profitmaximization. The interests of workers, consumers and citizens in virtuality require (...) proactive legislation and oversight. -/- This white paper first addresses the central question the metaverse poses, whether virtual life is inherently more alienating and less authentic than face-to-face life experiences. This question is both a philosophical question about the nature of the good life and an empirical question about the accumulating evidence about the impacts of the digital on subjective well-being. -/- . (shrink)

The goal of achieving Universal Health Coverage (UHC) can generally be realized only in stages. Moreover, resource, capacity and political constraints mean governments often face difficult trade-offs on the path to UHC. In a 2014 report, Making fair choices on the path to UHC, the WHO Consultative Group on Equity and Universal Health Coverage articulated principles for making such trade-offs in an equitable manner. We present three case studies which illustrate how these principles can guide practical decision-making. These case studies (...) show how progressive realization of the right to health can be effectively guided by priority-setting principles, including generating the greatest total health gain, priority for the worse off, and financial risk protection. They also demonstrate the value of a fair and accountable process of priority setting. (shrink)

La cobertura universal de salud está en el centro de la acción actual para fortalecer los sistemas de salud y mejorar el nivel y la distribución de la salud y los servicios de salud. Este documento es el informe fi nal del Grupo Consultivo de la OMS sobre la Equidad y Cobertura Universal de Salud. Aquí se abordan los temas clave de la justicia (fairness) y la equidad que surgen en el camino hacia la cobertura universal de salud. Por lo (...) tanto, el informe es pertinente para cada agente que infl uye en ese camino y en particular para los gobiernos, ya que se encargan de supervisar y guiar el progreso hacia la cobertura universal de salud. (shrink)

This report from the WHO Consultative Group on Equity and Universal Health Coverage offers advice on how to make progress fairly towards universal health coverage.

The foundational principles of representative democracy are under attack globally. What we desperately need are enlightened and persuasive public intellectuals who can help us see through the fog of our fear, anger, and disillusionment, to find our rational political commitments again. One of these public intellectuals is undoubtedly Yuval Noah Harari, the bestselling author of three recent books – Sapiens, Homo Deus, and 21 Lessons for the 21st Century. Harari is also a frequent contributor in the popular press, and (...) a guest on shows, podcasts, panels, and as a keynote speaker. Add to all this that Harari is acting on his lofty academic ideals through ‘Sapienship’, a multidisciplinary organization he cofounded that advocates for global responsibility, clarifies the global conversation, and focuses attention on the most important global challenges. I single out Harari because I presume many readers will be familiar with his work. He is certainly one of the fastest rising stars of public intellectualism. Unfortunately, his work is undercut by the philosophical positions he put forth in his first bestselling book, Sapiens. In this review/critique I wish to show that in order for Harari advance a coherent political or ideological argument, he must first shore up his philosophical commitments. (shrink)

This article responds to Nir Eisikovits’ recent book Sympathizing with the Enemy: Reconciliation, Transitional Justice, Negotiation (Martinus Nijhoff Publishers, 2010).