The dead donor rule justifies current practice in organ procurement for transplantation and states that organ donors must be dead prior to donation. The majority of organ donors are diagnosed as having suffered brain death and hence are declared dead by neurological criteria. However, a significant amount of unrest in both the philosophical and the medical literature has surfaced since this practice began forty years ago. I argue that, first, declaring death by neurological criteria is (...) both unreliable and unjustified but further, the ethical principles which themselves justify the dead donor rule are better served by abandoning that rule and instead allowing individuals who have suffered severe and irreversible brain damage to become organ donors, even though they are not yet dead and even though the removal of their organs would be the proximal cause of death. (shrink)

Although much has been written on the dead-donor rule in the last twenty-five years, scant attention has been paid to how it should be formulated, what its rationale is, and why it was accepted. The DDR can be formulated in terms of either a Don’t Kill rule or a Death Requirement, the former being historically rooted in absolutist ethics and the latter in a prudential policy aimed at securing trust in the transplant enterprise. I contend that (...) the moral core of the rule is the Don’t Kill rule, not the Death Requirement. This, I show, is how the DDR was understood by the transplanters of the 1960s, who sought to conform their practices to their ethics—unlike today’s critics of the DDR, who rethink their ethics in a question-begging fashion to accommodate their practices. A better discussion of the ethics of killing is needed to move the debate forward. (shrink)

There are increasing calls for rejecting the ‘dead donor’ rule and permitting ‘organ donation euthanasia’ in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than the donor who has them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow (...) mortal harvesting would be to make our worth contingent upon variable quality of life of judgments that can only be based on properties that come in degrees. Thus, rejecting the ‘dead donor’ rule comes at the expense of our egalitarian principles with respect to the value each individual human life has in relation to the protections against killing. (shrink)

Since 1968, the irreversible loss of functioning of the whole brain, called brain death, is assimilated to individual’s death. The almost universal acceptance of this neurological criterion of death had decisive consequences for the contemporary medicine, such as the withdrawal of mechanical ventilation in these patients and organ retrieval for transplantation. The new criterion was successfully accepted in part because the assimilation of brain death state to death was presented by medicine --and acritically assumed by most of societies-- as a (...) scientific and objective fact. Nevertheless, many people do not think that the patients suffering brain death are actually dead. We show here that those people are not necessarily wrong. It can be argued that, in fact, the justification of the neurological criterion is not scientific but moral. We outline the thesis that the problem surrounding the vital status of brain dead patients is due to a confusion between factual and normative questions. Furthermore, we claim that the donation of organs and the withdrawal of life-support could be ethically acceptable even if the patients suffering brain death are considered as alive. As an alternative to the dead donor rule, we propose a justification for organ donation of brain-dead patients based on the (moral) concepts of harm and consent : what truly justifies the procurement of organs on those patients is not that they are dead, but that they wish to donate their organs and that, since they have irreversibly lost their brain, they cannot be harmed. (shrink)

The dead donor rule (DDR) prohibits retrieval protocols that would be lethal to the donor. Some argue that compliance with it can be maintained by satisfying the requirements of double‐effect reasoning (DER). If successful, one could support organ donation without reference to the definition of death while being faithful to an ethic that prohibits intentionally killing innocent human life. On the contrary, I argue that DER cannot make lethal organ donation compatible with the DDR, because there (...) are plausible ways it fails DER's requirements. A key takeaway is that the theories of intention and proportionality assumed in DER matter for its plausibility as a constraint on practical reasoning. (shrink)

This chapter reviews fundamental ethical controversy surrounding the ongoing effort to revise the Uniform Determination of Death Act in the United States. Instead of focusing on the process of the revision itself, the chapter explores the underlying ethical debate over brain death that has been ongoing for many decades and finally culminated in this revision. Three issues are focused: the requirement for consent and personal exemptions before applying brain death for the diagnosis of death; redefining the areas of the brain (...) that have ceased to function in the definition of brain death; and codifying the American Academy of Neurology as the authority to issue the standards of the diagnosis of brain death. The chapter concludes that allowing the personal choice of death determination gives a pragmatic compromise to the disputed definition and practice of diagnosing brain death. So long as all risks and imperfections of the diagnosis are accepted through the consenting process, there is nothing ethically objectionable to continuing the current practice of diagnosing brain death as a successful tool to facilitate heart-beating organ donation without violating the dead-donor rule. By contrast, precluding personal choice and imposing legal restrictions to consent and exemptions would further erode public trust. (shrink)

Alireza Bagheri supports a policy on organ procurement where individuals could choose their own definition of death between two or more socially accepted alternatives. First, we claim that such a policy, without any criterion to distinguish accepted from acceptable definitions, easily leads to the slippery slope that Bagheri tries to avoid. Second, we suggest that a public discussion about the circumstances under which the dead donor rule could be violated is more productive of social trust than constantly (...) moving the line between life and death. (shrink)

The wishes of registered organ donors are regularly set aside when family members object to donation. This genuine overruling of the wishes of the deceased raises difficult ethical questions. A successful argument for providing the family with a veto must (a) provide reason to disregard the wishes of the dead, and (b) establish why the family should be allowed to decide. One branch of justification seeks to reconcile the family veto with important ideas about respecting property rights, preserving autonomy, (...) and preventing harm. These arguments are ultimately unsuccessful. Another branch of arguments is consequentialist, pointing out the negative consequences of removing the veto. Whether construed as concerning family distress or as a potential drop in the organs available, these arguments are unsuccessful; the first fails to recognize the tremendous distress associated with waiting for an organ, while the second has little supporting evidence. A final section considers and rejects whether combining some of the arguments just examined could justify the family veto. We should thus remove the family veto in organ donation. (shrink)

An effective method to increase the number of potential cadaveric organ donors is to make people donors by default with the option to opt out. This non-coercive public policy tool to influence people’s choices is often justified on the basis of the as-judged-by-themselves principle: people are nudged into choosing what they themselves truly want. We review three often hypothesized reasons for why defaults work and argue that the as-judged-by-themselves principle may hold only in two of these cases. We specify further (...) conditions for when the principle can hold in these cases and show that whether those conditions are met is often unclear. We recommend ways to expand nationwide surveys to identify the actual reasons for why defaults work and discuss mandated choice policy as a viable solution to many arising conundrums. (shrink)

Authors: Joseph M. Eble, John A. Di Camillo, Peter J. Colosi. --- NEWS RELEASE For Immediate Release February 27, 2024 Contact: Joseph M. Eble, MD Corresponding author 919-667-5206 -/- The statement, Catholics United on Brain Death and Organ Donation: A Call to Action (HTML), was published on February 27, 2024. It was prepared by Joseph Eble, a physician and President of the Tulsa Guild of the Catholic Medical Association; John Di Camillo, an ethicist of The National Catholic Bioethics Center; and (...) Peter Colosi, a philosophy professor at Salve Regina University. -/- Catholic United explains that the criteria for brain death establish only partial loss of brain function. This is now abundantly clear based on scientific studies, a recent effort to lower the legal standard for death, and updated brain death guidelines issued in October 2023. -/- Catholics United bridges a divide among faithful Catholics about whether the concept of brain death aligns with Church teaching. Some Catholics hold that brain death represents true death when there is complete and irreversible cessation of all brain activity, often called whole brain death. Others hold that brain death does not represent true death. Since the existing criteria establish only partial loss of brain function, all the endorsers—whether they accept or reject whole brain death as true death—agree that “the current brain death criteria in widespread use do not provide moral (prudential) certainty of death.” -/- Catholics United calls on health care professionals and institutions to cease organ harvesting that relies on the inadequate criteria, noting that 70% of all donors are declared dead using brain death criteria. “Given the lack of moral certainty of death whenever the current brain death criteria are used,” the statement affirms, “a clear majority of vital organ donors can be presumed alive at the time of organ harvesting.” Since the Catholic Church forbids removing vital organs when this would kill the patient, “it is therefore wrong to remove organs from patients declared dead using these inadequate criteria.” . (shrink)

It would be unwise to dismiss the possibility of human brain organoids developing sentience. However, scepticism about this idea is appropriate when considering current organoids. It is a point of consensus that a brainstem-dead human is not sentient, and current organoids lack a functioning brainstem. There are nonetheless troubling early warning signs, suggesting organoid research may create forms of sentience in the near future. To err on the side of caution, researchers with very different views about the neural basis (...) of sentience should unite behind the “brainstem rule”: if a neural organoid develops or innervates a functioning brainstem that registers and prioritizes its needs, regulates arousal, and leads to sleep-wake cycles, then it is a sentience candidate. If organoid research leads to the creation of sentience candidates, a moratorium or indefinite ban on the creation of the relevant type of organoid may be appropriate. A different way forward, more consistent with existing approaches to animal research, would be to require ethical review and harm-benefit analysis for all research on sentience candidates. (shrink)

In his recent JME article Daniel Restrepo argues that both legal and ethical rules should protect the so-called Naked Soldiers, combatants engaged in activity unrelated to military operations and unaware of the imminent danger threatening them. I criticize this position from several angles. I deny the existence of any link between vulnerability and innocence, and claim ignorance of deadly threats does not give rise to a morally distinguished type of vulnerability. I argue that actions not contributing to the war effort (...) are nevertheless an inherent part of fighting a war, and that combatants do not signal intention to abandon their commitment to the war effort by undertaking these. I show that by granting hors de combat status to Naked Soldiers, we would unjustly disadvantage their opponents and engender significant and manifold practical difficulties that the proponents of the view fail to solve or even anticipate. Finally, I demonstrate that Restrepo’s general project of “making killing in war difficult to legitimately justify” regardless of why, how and by whom the killing is done is incompatible with just war theory’s basic assumptions. That project is in fact pacifist in nature and as such redundant in light of pacifism’s broader and stronger implications. (shrink)

The Neo-Moorean response to the radical skeptical challenge boldly maintains that we can know we’re not the victims of radical skeptical hypotheses; accordingly, our everyday knowledge that would otherwise be threatened by our inability to rule out such hypotheses stands unthreatened. Given the leverage such an approach has against the skeptic from the very start, the Neo-Moorean line is an especially popular one; as we shall see, though, it faces several commonly overlooked problems. An initial problem is that this (...) particular brand of anti-skeptical strategy is available only to a theory of knowledge that will compromise itself to especially weak epistemic standards—indeed, standards as weak as our epistemic grounds are for accepting the denials of skeptical hypotheses. With this said, the aim here is to investigate whether the Neo-Moorean line could be advanced against the skeptic in a way that wouldn’t require wholesale lowering of epistemic standards. Unfortunately, as we’ll see, Sosa’s (2007; 2009) view as well as what I argue to be the other two most plausible contender-views for maintaining a Neo-Moorean line—Greco’s and Pritchard’s—run (for similar reasons) into dead ends. The way forward, I’ll argue, is to take on board a unique variety of robust virtue epistemology accord­ing to which knowledge is thought to be situated a certain way within a gradient balance between ability and luck. (shrink)

Background Previous analyses of democracy and population health have focused on broad measures, such as life expectancy at birth and child and infant mortality, and have shown some contradictory results. We used a panel of data spanning 170 countries to assess the association between democracy and cause-specific mortality and explore the pathways connecting democratic rule to health gains. -/- Methods We extracted cause-specific mortality and HIV-free life expectancy estimates from the Global Burden of Diseases, Injuries, and Risk Factors Study (...) 2016 and information on regime type from the Varieties of Democracy project. These data cover 170 countries and 46 years. From the Financing Global Health database, we extracted gross domestic product (GDP) per capita, also covering 46 years, and Development Assistance for Health estimates starting from 1990 and domestic health spending estimates starting from 1995. We used a diverse set of empirical methods—synthetic control, within-country variance decomposition, structural equation models, and fixed-effects regression—which together provide a robust analysis of the association between democratisation and population health. -/- Findings HIV-free life expectancy at age 15 years improved significantly during the study period (1970–2015) in countries after they transitioned to democracy, on average by 3% after 10 years. Democratic experience explains 22·27% of the variance in mortality within a country from cardiovascular diseases, 16·53% for tuberculosis, and 17·78% for transport injuries, and a smaller percentage for other diseases included in the study. For cardiovascular diseases, transport injuries, cancers, cirrhosis, and other non-communicable diseases, democratic experience explains more of the variation in mortality than GDP. Over the past 20 years, the average country's increase in democratic experience had direct and indirect effects on reducing mortality from cardiovascular disease (−9·64%, 95% CI −6·38 to −12·90), other non-communicable diseases (−9·14%, −4·26 to −14·02), and tuberculosis (−8·93%, −2·08 to −15·77). Increases in a country's democratic experience were not correlated with GDP per capita between 1995 and 2015 (ρ=–0·1036; p=0·1826), but were correlated with declines in mortality from cardiovascular disease (ρ=–0·3873; p<0·0001) and increases in government health spending (ρ=0·4002; p<0·0001). Removal of free and fair elections from the democratic experience variable resulted in loss of association with age-standardised mortality from non-communicable diseases and injuries. -/- Interpretation When enforced by free and fair elections, democracies are more likely than autocracies to lead to health gains for causes of mortality (eg, cardiovascular diseases and transport injuries) that have not been heavily targeted by foreign aid and require health-care delivery infrastructure. International health agencies and donors might increasingly need to consider the implications of regime type in their efforts to maximise health gains, particularly in the context of ageing populations and the growing burden of non-communicable diseases. (shrink)

Philosophers have given sustained attention to the controversial possibility of (legal) markets in transplantable human organs. Most of this discussion has focused on whether such markets would enhance or diminish autonomy, understood in either the personal sense or the Kantian moral sense. What this discussion has lacked is any consideration of the relationship between self-ownership and such markets. This paper examines the implications of the most prominent and defensible conception of self-ownership--control self-ownership (CSO)--for both market and nonmarket organ-allocation mechanisms. The (...) paper contends that CSO rules out a large set of nonmarket mechanisms, including escheatage ("presumed consent"), compensated takings of organs, and restricted gifting. It also argues that CSO, if accompanied by an economistic concern for welfare, can underwrite varying types of markets in human organs, ranging from mutual-insurance pools to inter vivos (i.e., live donor) organ sales. (shrink)

This research aims to investigate managing information and planning for the participation of health charities. With the Covid-19 outbreak, it was important to use information systems to optimize health management. The correct processing of information is the basis for better use of health charities’ participation. Using the snowball technique, and semi-structured interviews, 47 experts and non-experts in Fars province were asked for their opinions. Next, based on the fuzzy network analysis, important factors were prioritized. Four categories and 8 important criteria (...) were identified. To prioritize the effective aspects of the participation of health charities in Fars province, a network analysis technique was used via MATLAB software. Strategy and programs with a normal weight of 0.34 showed the highest priority. Research and education with a normal weight of 0.26 received the second priority. Laws and regulations with a normal weight of 0.24 were placed as the third priority. Based on the obtained results, creating strategy and planning, training and building cultural in this field, ease of rules and regulations as well as planning of financial resources play an important role in managing the participation of health donors. With precise planning of health programs, donors see the transparency of decisions. They check the part that needs financing and equipment completion. Because the quality of plans and programs, effectiveness and efficiency of strategies, and the quality of results depend on the decisions made by donors. (shrink)

(1) In the first part of this paper, I review Chomsky's meandering journey from the formalism/mentalism of Syntactic Structures, through several methodological positions, to the minimalist theory of his latest work. Infected with mentalism from first to last, each and every position vitiates Chomsky's repeated claims that his theories will provide useful guidance to later theories in such fields as cognitive psychology and cognitive neuroscience. With the guidance of his insights, he claims, psychologists and neuroscientists will be able to avoid (...) costly dead-end lines of research. -/- (2) This never happened. As I have shown, this never could have happened. (See Johnston, 2018). What has happened, instead, is that current neurolinguistic research (with the arguable exception of the now-dated Lemma Model of Willem Levelt) proceeds without reference to Chomsky. It also wholeheartedly rejects the mentalism of the associated Language of Thought theory of Jerry Fodor. (See Johnston, 2018). -/- (3) I make this argument in the first part of this paper. I would also like to point out that most of my argument was developed in 1972, when I was a graduate student. I know of no other sustained criticisms of Chomsky at that time, and certainly none along the lines I had developed back then. -/- (4) In the second part of this paper, I present my own account of the methodology of science. When I was a graduate student, philosophy of science was dominated by an attempt to describe a methodology common to all the specific sciences, i.e. Hempel’s deductive-nomological model. These days, Hempel’s emphasis on the methodological unity of science has been rejected by such “dis-unity” philosophers of science as Ian Hacking, Patrick Suppes and Nancy Cartwright (see Cat, 2021). -/- (5) I view this change as the swing of a pendulum or, to change the metaphor, a journey from one end point of a continuum to another. As the level of abstraction at which one tries to describe scientific method is raised, the descriptions become increasingly general. Whether or not unity-of-science theories become so general as to be vacuous, is ultimately a subjective judgment. And so I expect that philosophers will eventually become tired of increasingly specific “close to the workbench” descriptions of how scientists work, and begin to turn back to methodological “big pictures”, finding in them powerful abstractions rather than empty irrelevancies. -/- (6) In the second part of this paper, I present my own account of the methodology of science, which I would situate somewhere between the “unity” and “dis-unity” accounts. However, I am not a scientist. My own views about scientific method have three origins: -/- (6a) my work as a graduate student from 1966 until I passed my comprehensive exams in 1973 (at a different university); -/- (6b) reading every issue of Scientific American from 1972 until nearly 2000, (at which point I continued to read it only sporadically, since I concluded that, around that time, it had evolved from a serious science magazine to a popular science magazine); and -/- (6c) my three-year immersion in the cognitive neuroscience of language after I retired, based on repeated study of and note-taking for (Banesh & Compton, 2018), (Kemmerer, 2015), several other books and, finally, numerous articles not hidden behind a paywall. -/- So, as always with my writings: caveat emptor. (shrink)

The word Despot is derived from the Greek word Despotes, meaning father of the family, or master of slaves. After that, this meaning changed from the meaning of the family to the style of absolute monarchy, in which the power of the king is like the authority of the father in the family. The authority of the father is moral, and respect for him is a duty in his family, but transferring this power to politics and considering the ruler as (...) a father and the citizens as children is unjustified, and then it is called political authority, not parental authority. The origin of term despot goes back to Aristotle, who compared it to tyranny and said that they are two types of governments that treat citizens as slaves. The term tyrant of Aristotle takes the following dimensions: 1.Father of the family. 2.Master of slaves. 3.The king of the barbarians who ruled the citizens like slaves. Aristotle's idea of the despot dominated most of the European philosophers Machiavelli, Montesquieu, Hegel and Marx. This research deals with: First: the history of despotism. Second: Models of despotism. Third: Despotism in theological and philosophical thought. Fourth: The forms of despotism in the contemporary Arab cultural . The results of the research show that despotism in Arab culture has forms, including: 1.The dead have control over the living, the heritage power. 2.The authority of the father, the policeman, the employee, and the teacher. 3.The authority of sadness and fear. 4.The power of poverty or low income level. 5.The power of political parties and their control of the citizens, curbing freedoms, discrimination on the basis of gender, color, and religion. (shrink)

The Dead Past Growing Block theory of time—DPGB-theory—is the metaphysical view that the past and the present tenselessly exist, whereas the future does not, and that only the present hosts mentality, whereas the past lacks it and is, in this sense, dead. One main reason in favour of this view is that it is immune to the now-now objection or epistemic objection (which aims at undermining the certainty, within an A-theoretical universe, of being currently experiencing the objective present (...) time). In this paper, I examine the additional arguments offered by P. Forrest and G. A. Forbes to back the DPGB-theory and show that they do not work. I also examine a proposal to rescue the DPGB-theory suggested by an anonymous reviewer for this journal and argue that it does not work either. Moreover, in line with D. Braddon-Mitchell and against Forbes, I argue that the DPGB-theory is indeed committed to the existence of zombies in the past. Being ad hoc and burdened by a very odd and counterintuitive ontological commitment, the DPGB-theory turns out to be rather unpalatable. (shrink)

Bioethical discourse on organ donation covers a wide range of topics, from informed consent procedures and scarcity issues up to ‘transplant tourism’ and ‘organ trade’. This paper presents a ‘depth ethics’ approach, notably focussing on the tensions, conflicts and ambiguities concerning the status of the human body. These will be addressed from a psychoanalytical angle. First, I will outline Lacan’s view on embodiment as such. Subsequently, I will argue that, for organ recipients, the donor organ becomes what Lacan refers (...) to as an object a, the ‘partial object’ of desire, the elusive thing we are deprived of, apparently beyond our grasp. Within the recipient’s body an empty space emerges, a kind of ‘vacuole’, once occupied by a faltering organ. This space can only be filled by a ‘gift’ from the other, by an object a. Once implanted, however, this implant becomes an ‘extimate’ object: something both ‘external’ and ‘intimate’, both ‘embedded’ and ‘foreign’, and which is bound to remain an object of concern for quite some time, if not for life. A Lacanian analysis allows us, first of all, to address the question what organ transplantation has in common with other bodily practices involving bodily parts procured from others, such as cannibalism. But it also reveals the basic difference between the two, as well as the distance between the ‘fragmented body’ of Frankenstein’s ‘monster’—as an aggregate of replaceable parts—and the multiple organ recipients of today. (shrink)

In a recent paper, Gray, Knickman, and Wegner present three experiments which they take to show that people perceive patients in a persistent vegetative state to have less mentality than the dead. Following on from Gomes and Parrott, we provide evidence to show that participants' responses in the initial experiments are an artifact of the questions posed. Results from two experiments show that, once the questions have been clarified, people do not ascribe more mental capacity to the dead (...) than to PVS patients. There is no reason to think that people perceive PVS patients as more dead than dead. (shrink)

Some people insist that they are dead. Rather than starting with the usual assumption that delusions are ‘false beliefs about external reality’ I want to consider how interpreting their claim as a report of a certain kind of anomalous experience assists us in understanding why they are certain, why their claim is immune from evidence to the contrary, and why they do not act in ways we would expect were they to believe their claim to be true of the (...) world. While this helps us understand cases where people do not act on their delusions, more must be said about the people who do act on their delusions. I shall attempt to describe a process where an intense anomalous experience leads to a context-specific narrowing of attention. The ultimate result of this is that the appearance / reality distinction becomes lost in the context of the anomalous experience. The sense of conviction that would be appropriately associated with a report of experience thus becomes inappropriately associated with a claim about external reality. While there have been efforts to provide cognitive therapy for delusional subjects such therapy seems to be based on the notion that confronting them with their contradictions will assist in weakening their sense of certainty about the delusional utterance. I consider whether more progress could be made via empathetic validation of the sense of certainty which is appropriate when associated with the person’s anomalous experience. (shrink)

I discuss a neglected solution to the skeptical problem introduced by Lewis Carroll’s “What the Tortoise Said to Achilles” (1895) in terms of a self-citational inferential license. I then consider some responses to this solution. The most significant response on behalf of the skeptic utilizes the familiar distinction between two ways of accepting a rule: as action-guiding and as a mere truth. I argue that this is ultimately unsatisfactory and conclude by opting for an alternative conception of rules as (...) representations of behavior deployed for various purposes, some theoretical and others practical. This alternative conception does not allow the skeptical problem to get off the ground. (shrink)

MacKay and Robinson (2016) claim that some legal procedures that regulate organ donations (VAC, opt-in, opt-out) bypass people's rational capacities and thus are “potentially morally worse than MAC”, which only employs a very mild form of coercion. We provide a critique of their argumentation and defend the opposite thesis: MAC is potentially morally worse than the three other options.

‘Rule-following’ is a name for a cluster of phenomena where we seem both guided and “normatively” constrained by something general in performing particular actions. Understanding the phenomenon is important because of its connection to meaning, representation, and content. This article gives an overview of the philosophical discussion of rule-following with emphasis on Kripke’s skeptical paradox and recent work on possible solutions. Part I of this two-part contribution is devoted to the basic issues from Wittgenstein to Kripke. Part II (...) will be about recent answers to the skeptical paradox and Boghossian’s and Wright’s new puzzles. (shrink)

We can evaluate laws as better or worse relative to different normative standards. One might lament the fact that a law violates human rights or, in a different register, marvel at its ease of application. A question in legal philosophy is whether some standards for evaluating laws are fixed by—or grounded in—the very nature of law. I take Raz’s discussion of the distinctively legal virtues, those that fall under the rubric of the “Rule of Law” such as clarity, generality, (...) and non-retroactivity, as my starting point for exploring a very general puzzle about the relationship between law’s essence and its virtue. -/- The claim that there are some virtues that laws have qua laws invites a comparison between law and other “goodness-fixing kinds.” A kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. For example, if an object belongs to the kind CLOCK, whether it keeps time accurately provides a basis for evaluating it as better or worse as a clock. Furthermore, the relevant normative fact—if a clock does not keep time accurately, it is a bad clock—is at least partly explainable in terms of the nature of clocks (clocks are things that are supposed to be keep time accurately). Hence, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its constitutive standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other goodness-fixing kinds involves revising the general picture. (shrink)

[EDIT: This book will be published open access. Check back around April 2024 to access the entire book.] One central aim of science is to provide explanations of natural phenomena. What role(s) does mathematics play in achieving this aim? How does mathematics contribute to the explanatory power of science? Rules to Infinity defends the thesis, common though perhaps inchoate among many members of the Vienna Circle, that mathematics contributes to the explanatory power of science by expressing conceptual rules, rules which (...) allow the transformation of empirical descriptions. Mathematics should not be thought of as describing, in any substantive sense, an abstract realm of eternal mathematical objects, as traditional platonists have thought. In Rules to Infinity, this view, which I call mathematical normativism, is updated with contemporary philosophical tools, and it is argued that normativism is compatible with mainstream semantic theory. This allows the normativist to accept that there are mathematical truths, while resisting the platonistic idea that there exist abstract mathematical objects that explain such truths. Furthermore, Rules to Infinity defends a particular account of the distinction between scientific explanations that are in some sense distinctively mathematical – those that explain natural phenomena in some uniquely mathematical way – and those that are only standardly mathematical, and it lays out desiderata for any account of this distinction. Normativism is compared with other prominent views in the philosophy of mathematics such as neo-Fregeanism, fictionalism, conventionalism, and structuralism. Rules to Infinity serves as an entry point into debates at the forefront of philosophy of science and mathematics, and it defends novel positions in these debates. (shrink)

What’s the basis for considering an egg donor a genetic parent but not a mitochondrial donor? I will argue that a closer look at the biological facts will not give us an answer to this question because the process by which one becomes a genetic parent, i.e., the process of reproduction, is not a concept that can be settled by looking. It is, rather, a concept in need of philosophical attention. The details of my argument will rest on (...) recent developments in biological technology, but the persuasiveness of my argument will turn on the history of another biological concept, death. Given some important similarities between the two concepts, the way in which ‘death’ evolved in the recent past can provide guidance on how we should think about ‘reproduction.’. (shrink)

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and (...) speech acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

In this paper, I claim that live uterus donors ought to be considered for the possibility of compensation. I support my claim on the basis of comparable arguments which have already been applied to gamete donation, surrogacy, and other kinds of organ donation. However, I acknowledge that there are specificities associated with uterus donation, which make the issue of incentive and reward a harder ethical case relative to gamete donation, surrogacy, and other kinds of organ donation. Ultimately, I contend that (...) while reimbursement for the costs incurred by live uterus donors should be treated as a necessary ethical minimum, how much further we ought to remunerate uterus donations remains an open question. (shrink)

Grief is, and has always been, technologically supported. From memorials and shrines to photos and saved voicemail messages, we engage with the dead through the technologies available to us. As our technologies evolve, so does how we grieve. In this paper, we consider the role chatbots might play in our grieving practices. Influenced by recent phenomenological work, we begin by thinking about the character of grief. Next, we consider work on developing “continuing bonds” with the dead. We argue (...) that for some, chatbots may play an important role in establishing these continuing bonds by helping us develop what we term “habits of intimacy”. We then turn to the “ick factor” some may feel about this prospect, focusing especially on ethical concerns raised by Patrick Stokes and Adam Buben about the risk of replacing our dead with chatbots. We argue that replacement worries are not as pressing as Stokes and Buben suggest. We resist these replacement worries by appealing to the “thin reciprocity”, as we refer to it, that such bots offer, as well as the fictionalist stance that we think users of the bots adopt when engaging with them. We conclude by briefly raising some additional concerns and highlighting future research questions. (shrink)

In the middle of the 20th century, it was a common Wittgenstein-inspired idea in philosophy that for a linguistic expression to have a meaning is for it to be governed by a rule of use. In other words, it was widely believed that meanings are to be identified with use-conditions. However, as things stand, this idea is widely taken to be vague and mysterious, inconsistent with “truth-conditional semantics”, and subject to the Frege-Geach problem. In this paper I reinvigorate the (...) ideas that meaningfulness is a matter of being governed by rules of use and that meanings are best thought of in terms of use-conditions. I will do this by sketching the Rule-Governance view of the nature of linguistic meaningfulness, showing that the view isn’t by itself subject to the two problems, and explain why the idea has had a lasting appeal to philosophers from Strawson to Kaplan and why we should find it continually attractive. (shrink)

Majority rule is often regarded as an important democratic principle. But modern democracies divide voters into districts. So if the majority should rule, which majority should rule? Should it be the popular majority, or an electoral majority (i.e., either the majority of voters in the majority of districts, or the majority of voters in districts that contain the majority of the population)? I argue that majority rule requires rule by the popular majority. This view is (...) not novel and may seem obvious. But it is rarely defended, and often rejected. I defend it by arguing that this view about which majority should rule is best supported by the arguments for why the majority should rule, and best avoids the arbitrary and perverse verdicts of rule by electoral majorities. I close by considering the significant practical implications of the view. The Electoral College is often criticized on the basis that the winner of the popular vote doesn’t always win the election. But all district-based democracies have this feature, so all district-based democracies must be reformed if they are to satisfy the principle of majority rule. (shrink)

Mitochondrial replacement therapy requires oocytes of women whose mitochondrial DNA will be transmitted to resultant children. These techniques are scientifically, ethically and socially controversial; it is likely that some women who donate their oocytes for general in vitro fertilisation usage would nevertheless oppose their genetic material being used in MRT. The possibility of oocytes being used in MRT is therefore relevant to oocyte donation and should be included in the consent process when applicable. In present circumstances, specific consent should be (...) obtained. However, once MRT becomes more routine, such consent could be incorporated into the general consent process for oocyte donation. The reported lack of proper consent for MRT from the oocyte donor in the first baby born via the technique is an ethical failing and should be corrected in any future practice of MRT. (shrink)

This essay considers Richard Calder’s Dead trilogy as an important contribution to the argument concerning how pornography’s pernicious effects might be mitigated or disrupted. Paying close attention to the way that Calder uses the rhetoric of fiction to challenge pornographic stereotypes that have achieved hegemonic status, the essay argues that Calder’s trilogy provides an important link between debates about pornography and contemporary philosophical discussions of alterity and community. Finally, it argues that, for Calder, sexuality is implicitly predicated on a (...) reconceptualization of social relations in general – a reconceptualization achieved through the exhaustion of that decadent shadow of the Enlightenment, pornography. (shrink)

This paper discusses the prospects of a dispositional solution to the Kripke–Wittgenstein rule-following puzzle. Recent attempts to employ dispositional approaches to this puzzle have appealed to the ideas of finks and antidotes—interfering dispositions and conditions—to explain why the rule-following disposition is not always manifested. We argue that this approach fails: agents cannot be supposed to have straightforward dispositions to follow a rule which are in some fashion masked by other, contrary dispositions of the agent, because in all (...) cases, at least some of the interfering dispositions are both relatively permanent and intrinsic to the agent. The presence of these intrinsic and relatively permanent states renders the ascription of a rule-following disposition to the agent false. (shrink)

The undead have been evoked in philosophical hypotheses regarding consciousness, but such discussions often come across as abstract academic exercises, inapplicable to personal experience. Movie zombies illuminate these somewhat opaque philosophical debates via storytelling devices – narrative, characterization, dialogue and so forth – which approach experience and consciousness in an instinctively accessible manner. This chapter focuses on a particular strand of the subgenre: transition narratives, in which human protagonists gradually turn into zombies. Transition stories typically centralize social relationships; affiliations and (...) interactions with other beings that give her (human) life meaning. These narratives routinely posit that consciousness and sociosexuality are intertwined aspects of experience that distinguish human from zombie, foregrounding a core romantic coupling and charting its decline as the protagonist transforms into a flesh-eating monster. These notions are explored via an indicative case study: Pretty Dead (2013). The film brings two views on the self – intuitive and empirical – into direct conflict, questioning their compatibility. The protagonist’s sociosexual decline is employed to illustrate that a) there is a troubling disjuncture between rationalist-theoretical conceptions of selfhood and selfhood as it is experienced in the real, social realm, and b) there is a natural bridge between personal, introspective self-knowledge and external social selfhood. By depicting a form of selfhood that defies rationalist logic (zom-being), transitional zombie films not only animate philosophical debates about consciousness, but also challenge their viewers to develop new conceptual (theoretical and imaginative) vocabularies via which to describe and engage with both selfhood and sociosexuality. (shrink)

R. M. Hare has argued for and defended a ‘two-level’, view of moral agency. He argues that moral agents ought to rely on the rules of ‘intuitive moral thinking’ for their ‘everyday’ moral judgments. When these rules conflict or when we do not have a rule at hand, we ought to ascend to the act-utilitarian,‘critical’ level of moral thinking. I argue that since the rules at the intuitive level of moral thinking necessarily conflict much more often than Hare supposes, (...) and since we often do not have ready-made rules for our moral judgments, we must necessarily use critical moral thinking very frequently. However, act-utilitarian judgements at this level will sharply conflict with our strongly held ‘intuitive’ moral convictions. I show that Hare’s attempt to balance these two aspects of moral judgment requires us to simultaneously adopt two conflicting sets of moral standards, and thus an attempt to inculcate such standards constitutes a ‘schizophrenic’ moral education. Finally, I briefly outline an alternative conception of moral education, based on Aristotelian phronesis. (shrink)

In this paper, I examine Hume’s account of an important class of causal belief which he calls “general rules”. I argue that he understands general rules, like all causal beliefs, as lively ideas which are habitually associated with our impressions or memories. However, I argue, he believes that they are unlike any reflectively produced causal beliefs in that they are produced quickly and automatically, such that they occur independently of any other processes of reasoning. Given this, I argue, Hume appears (...) to understand general rules as relatively simple beliefs, expressible only via generic sentences, like “birds lay eggs”. (shrink)

I introduce an account of when a rule normatively sustains a practice. My basic proposal is that a rule normatively sustains a practice when the value achieved by following the rule explains why agents continue following that rule, thus establishing and sustaining a pattern of activity. I apply this model to practices of belief management and identifies a substantive normative connection between knowledge and belief. More specifically, I proposes one special way that knowledge might set the (...) normative standard for belief: knowing is essentially the unique way of normatively sustaining cognition and, thereby, inquiry. In this respect, my proposal can be seen as one way of elaborating a “knowledge-first” normative theory. (shrink)

Most plausible moral theories must address problems of partial acceptance or partial compliance. The aim of this paper is to examine some proposed ways of dealing with partial acceptance problems as well as to introduce a new Rule Utilitarian suggestion. Here I survey three forms of Rule Utilitarianism, each of which represents a distinct approach to solving partial acceptance issues. I examine Fixed Rate, Variable Rate, and Optimum Rate Rule Utilitarianism, and argue that a new approach, Maximizing (...) Expectation Rate Rule Utilitarianism, better solves partial acceptance problems. (shrink)

Since Gintis is a senior economist and I have read some of his previous books with interest, I was expecting some more insights into behavior. Sadly he makes the dead hands of group selection and phenomenology into the centerpieces of his theories of behavior, and this largely invalidates the work. Worse, since he shows such bad judgement here, it calls into question all his previous work. The attempt to resurrect group selection by his friends at Harvard, Nowak and Wilson, (...) a few years ago was one of the major scandals in biology in the last decade, and I have recounted the sad story in my article ‘Altruism, Jesus and the End of the World—how the Templeton Foundation bought a Harvard Professorship and attacked Evolution, Rationality and Civilization -- A review of E.O. Wilson 'The Social Conquest of Earth' (2012) and Nowak and Highfield ‘SuperCooperators’ (2012).’ Unlike Nowak, Gintis does not seem to be motivated by religious fanaticism, but by the strong desire to generate an alternative to the grim realities of human nature, made easy by the (near universal) lack of understanding of basic human biology and blank slateism of behavioral scientists, other academics, and the general public. -/- Gintis rightly attacks (as he has many times before) economists, sociologists and other behavioral scientists for not having a coherent framework to describe behavior. Of course the framework needed to understand behavior is an evolutionary one. Unfortunately he fails to provide one himself (according to his many critics and I concur), and the attempt to graft the rotten corpse of group selection onto whatever economic and psychological theories he has generated in his decades of work, merely invalidates his entire project. Although Gintis makes a valiant effort to understand and explain the genetics, like Wilson and Nowak, he is far from an expert, and like them, the math just blinds him to the biological impossibilities and of course this is the norm in science. As Wittgenstein famously noted on the first page of Culture and Value “There is no religious denomination in which the misuse of metaphysical expressions has been responsible for so much sin as it has in mathematics.” -/- It has always been crystal clear that a gene that causes behavior which decreases its own frequency cannot persist, but this is the core of the notion of group selection. Furthermore, it has been well known and often demonstrated that group selection just reduces to inclusive fitness (kin selection), which, as Dawkins has noted, is just another name for evolution by natural selection. Like Wilson, Gintis has worked in this arena for about 50 years and still has not grasped it, but after the scandal broke, it took me only 3 days to find, read and understand the most relevant professional work, as detailed in my article. It is mind boggling to realize that Gintis and Wilson were unable to accomplish this in nearly half a century. -/- I discuss the errors of group selection and phenomenology that are the norm in academia as special cases of the near universal failure to understand human nature that are destroying America and the world. -/- Those who wish to read all my articles please consult the ebook here Philosophy, Human Nature and the Collapse of Civilization -- Articles and Reviews 2006-2016 by Michael Starks 662p (2016) -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX -/- . (shrink)

In her seminal article ‘Modern Moral Philosophy’ (1958) Elizabeth Anscombe argued that we need a new ethics, one that uses virtue terms to generate absolute prohibitions against certain act-types. Leading contemporary virtue ethicists have not taken up Anscombe's challenge in justifying absolute prohibitions and have generally downplayed the role of rule-following in their normative theories. That they have not done so is primarily because contemporary virtue ethicists have focused on what is sufficient for characterizing the deliberation and action of (...) the fully virtuous person, and rule-following is inadequate for this task. In this article, I take up Anscombe's challenge by showing that rule-following is necessary for virtuous agency, and that virtue ethics can justify absolute prohibitions. First, I offer a possibility proof by showing how virtue ethics can generate absolute prohibitions in three ways: by considering actions that directly manifest vice or that cannot be performed virtuously; actions that are prohibited by one's institutional roles and practical identities; and actions that are prohibited by the prescriptions of the wise. I then seek to show why virtue ethicists should incorporate rule-following and absolute prohibitions into their theories. I emphasize the central role that rules have in the development of virtue, then motivate the stronger view that fully virtuous agents follow moral rules by considering the importance of hope, uncertainty about consequences, and taking responsibility for what eventuates. Finally, I provide an account of what Anscombe called a ‘corrupt mind’, explaining how our understanding of virtue is corrupted if we think that virtue may require us to do vicious actions. (shrink)

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

‘Rule-following’ is a name for a cluster of phenomena where we seem both guided and “normatively” constrained by something general in performing particular actions. Understanding the phenomenon is important because of its connection to meaning, representation, and content. This article gives an overview of the philosophical discussion of rule-following with emphasis on Kripke’s skeptical paradox and recent work on possible solutions. Part I of this two-part contribution was devoted to the basic issues from Wittgenstein to Kripke. Part II (...) is about recent answers to the skeptical paradox and Boghossian’s and Wright’s new puzzles. (shrink)

There is an increase in the use of in-door wireless networking solutions via Wi-Fi and this increase infiltrated and utilized Wi-Fi enable devices, as well as smart mobiles, games consoles, security systems, tablet PCs and smart TVs. Thus the demand on Wi-Fi connections increased rapidly. Rule Based System is an essential method in helping using the human expertise in many challenging fields. In this paper, a Rule Based System was designed and developed for diagnosing the wireless connection problems (...) and attain a precise decision about the cause of the problem. SL5 Object expert system language was used in developing the rule based system. An Evaluation of the rule based system was carried out to test its accuracy and the results were promising. (shrink)

Foundational theories of mental content seek to identify the conditions under which a mental representation expresses, in the mind of a particular thinker, a particular content. Normativists endorse the following general sort of foundational theory of mental content: A mental representation r expresses concept C for agent S just in case S ought to use r in conformity with some particular pattern of use associated with C. In response to Normativist theories of content, Kathrin Glüer-Pagin and Åsa Wikforss propose a (...) dilemma, alleging that Normativism either entails a vicious regress or falls prey to a charge of idleness. In this paper, I respond to this argument. I argue that Normativism can avoid the commitments that generate the regress and does not propose the sort of explanation required to charge that its explanation has been shown to be problematically idle. The regress-generating commitment to be avoided is, roughly, that tokened, contentful mental states are the product of rule-following. The explanatory task Normativists should disavow is that of explaining how it is that beliefs and other contentful mental states are produced. I argue that Normativism, properly understood as a theory of content, does not provide this kind of psychological explanation, and therefore does not entail that such explanations are to be given in terms of rule-following. If this is correct, Normativism is not the proper target of the dilemma offered by Glüer-Pagin and Wikforss. Understanding why one might construe Normativism in the way Glüer-Pagin and Wikforss must, and how, properly understood, it avoids their dilemma, can help us to appreciate the attractiveness of a genuinely normative theory of content and the importance of paying careful attention to the sort of normativity involved in norm-based theories of content. (shrink)

Brad Hooker; II*—Rule-Consequentialism, Incoherence, Fairness1, Proceedings of the Aristotelian Society, Volume 95, Issue 1, 1 June 1995, Pages 19–36, https://d.

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or acceptance (...) by a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)