Many think that it would be wrong to defend an individual from attack if he competently and explicitly refuses defensive intervention. In this paper, I consider the extent to which the preferences of victims affect the permissibility of defending groups or aggregates. These cases are interesting and difficult because there is no straightforward sense in which a group can univocally consent to or refuse defensive intervention in the same way that an individual can. Among those who have considered this (...) question, the dominant view is that that consent imposes only an extremely weak constraint on defending groups. I argue that this is mistaken and defend a much more robust requirement. Indeed, on the account that I develop there are cases in which the refusal of a single member of a victim is enough to make it impermissible to defend a much larger group. At the heart of my account is the idea that consent functions as an internal component of the broader requirement that defensive harms be proportionate: if a victim validly refuses defensive intervention, the fact that defence will benefit him cannot be used to justify harming innocents as the lesser-evil. An important implication of this view is that what constitutes sufficient consent from the members of a victim group will vary on a case-by-case basis. (shrink)

This paper argues that epistemic errors rooted in group- or identity- based biases, especially those pertaining to disability, are undertheorized in the literature on medical error. After sketching dominant taxonomies of medical error, we turn to the field of social epistemology to understand the role that epistemic schemas play in contributing to medical errors that disproportionately affect patients from marginalized social groups. We examine the effects of this unequal distribution through a detailed case study of ableism. There are four (...) primary mechanisms through which the epistemic schema of ableism distorts communication between nondisabled physicians and disabled patients: testimonial injustice, epistemic overconfidence, epistemic erasure, and epistemic derailing. Measures against epistemic injustices in general and against schema-based medical errors in particular are ultimately issues of justice that must be better addressed at all levels of health care practice. (shrink)

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the social status of members of (...) targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies. (shrink)

Are groups ever capable of bearing responsibility, over and above their individual members? This chapter discusses and defends the view that certain organized collectives – namely, those that qualify as group moral agents – can be held responsible for their actions, and that group responsibility is not reducible to individual responsibility. The view has important implications. It supports the recognition of corporate civil and even criminal liability in our legal systems, and it suggests that, by recognizing group (...) agents as loci of responsibility, we may be able to avoid “responsibility gaps” in some cases of collectively caused harms for which there is a shortfall of individual responsibility. The chapter further asks whether the view that certain groups are responsible agents commits us to the view that those groups should also be given rights of their own and gives a qualified negative answer. (shrink)

Discussion of epistemic responsibility typically focuses on belief formation and actions leading to it. Similarly, accounts of collective epistemic responsibility have addressed the issue of collective belief formation and associated actions. However, there has been little discussion of collective responsibility for preventing epistemic harms, particularly those preventable only by the collective action of an unorganized group. We propose an account of collective epistemic responsibility which fills this gap. Building on Hindriks' (2019) account of collective moral responsibility, we introduce the (...) Epistemic Duty to Join Forces. Our theory provides an account of the responsibilities of scientists to prevent epistemic harms during inquiry. (shrink)

The dignity approach to racist hate speech regulation maintains that hate speech ought to be regulated because it impugns targets’ dignity and poses a threat to their equal treatment. This approach faces the significant causal challenges of showing that hate speech has the power to erode its targets’ dignity and that regulations can successfully protect that dignity. My aim is to show how a friend of the dignity approach can resolve these challenges. To do so, I borrow insights from the (...) critical legal studies (CLS) approach to hate speech. Specifically, I argue that hate speech can erode its targets’ dignity 1) by constituting an act of discrimination, and 2) by enacting norms that call for treating targeted groups as inferior. Yet while I maintain that the CLS approach offers valuable resources for shoring up the dignity approach, I reject the CLS approach in favor of the dignity approach. (shrink)

Harms of medical interventions are systematically underestimated in clinical research. Numerous factors—conceptual, methodological, and social—contribute to this underestimation. I articulate the depth of such underestimation by describing these factors at the various stages of clinical research. Before any evidence is gathered, the ways harms are operationalized in clinical research contributes to their underestimation. Medical interventions are first tested in phase 1 ‘first in human’ trials, but evidence from these trials is rarely published, despite the fact that such trials provide the (...) foundation for assessing the harm profile of medical interventions. If a medical intervention is deemed safe in a phase 1 trial, it is tested in larger phase 2 and 3 clinical trials. One way to think about the problem of underestimating harms is in terms of the statistical ‘power’ of a clinical trial—the ability of a trial to detect a difference of a certain effect size between the experimental group and the control group. Power is normally thought to be pertinent to detecting benefits of medical interventions. It is important, though, to distinguish between the ability of a trial to detect benefits and the ability of a trial to detect harms. I refer to the former as power-B and the latter as power-H. I identify several factors that maximize power-B by sacrificing powerH in phase 3 clinical trials. If a medical intervention is approved for general use, it is evaluated by phase 4 post-market surveillance. Phase 4 surveillance of harms further contributes to underestimating the harm profile of medical interventions. At every stage of clinical research the hunt for harms is shrouded in secrecy, which further contributes to the underestimation of the harm profiles of medical interventions. (shrink)

When an agent suffers in their capacity as a knower, they are a victim of epistemic injustice. Varieties of epistemic injustices have been theorised. A salient feature across these theories is that perpetrators and victims of epistemic injustice belong to different social groups. In this paper, I argue for a form of epistemic injustice that could occur between members of the same social group. This is a form of epistemic injustice where the knower is first a victim of historical (...) and continuing oppression. Secondly, they internalise and appreciate the systems that harm them as a knower. This is possible because the victim subscribes to perniciously formed epistemic systems. This form of epistemic injustice is a valuable explanatory tool for non-standard and obscure instances of epistemic injustice where the victim a) accepts and appreciates the injustice they experience and b) is even the seeming perpetrator of the injustice against themselves. (shrink)

The question of why group-differentiated rights might be a requirement of justice has been a central focus of identity politics in recent decades. I attempt to bring some clarity to this discussion by proposing a typology to track the various ways in which individuals can be harmed or benefited as a consequence of their membership in social groups. It is the well-being of individuals that group-differentiated rights should be understood as protecting, and so clarity on the relationship between (...) group membership and well-being is vital. One of the problems with the way in which such justifications have often been formulated in the past has been that they inadvertently position the group as a handicap to be overcome, rather than a value to be protected. I seek to overcome this limitation by clearly specifying the circumstances under which group membership is a liability, and the circumstances under which it has value. While this distinction is important, in both cases there is a relevant interest at stake, and thus the groundwork can be laid for a defence of group-differentiated rights. (shrink)

Harmful and dangerous language is frequent in social media, in particular in spaces which are considered anonymous and/or allow free participation. In this paper, we analyse the language in a Telegram channel populated by followers of Donald Trump, in order to identify the ways in which harmful language is used to create a specific narrative in a group of mostly like-minded discussants. Our research has several aims. First, we create an extended taxonomy of potentially harmful language that includes not (...) only hate speech and direct insults, but also more indirect ways of poisoning online discourse, such as divisive speech and the glorification of violence. We apply this taxonomy to a large portion of the corpus. Our data gives empirical evidence for harmful speech such as in/out-group divisive language and the use of codes within certain communities which have not often been investigated before. Second, we compare our manual annotations to several automatic methods of classifying hate speech and offensive language, namely list based and machine learning based approaches. We find that the Telegram data set still poses particular challenges for these automatic methods. Finally, we argue for the value of studying such naturally occurring, coherent data sets for research on online harm and how to address it in linguistics and philosophy. (shrink)

Unusual among Western philosophers, Schopenhauer explicitly drew on Hindu and especially Buddhist traditions inhis moral philosophy. He saw plurality, especially the plurality of human persons, as a kind of illusion; in reality all is one, and compassionate acts express an implicit recognition of this oneness. Max Scheler retains the transcendence of self aspect of compassion but emphasizes that the subject must have a clear, lived sense of herself as a distinct individual in order for that transcendence to take place properly. (...) This feature is absent in the Buddhist tradition. Feminist philosophers of the early second wave built on this insight (only occasionally drawing it from Scheler) to recognize ways women are often not socialized to develop this distinctive sense of self, therefore harming their ability to engage in compassion and other forms of care for others. Iris Murdoch adds a Freudian-inspired (though Freud influenced Scheler also) pessimism about the ability of humans to keep their identities sufficiently distinct from the other to allow a clear view of the other, and thus real care and help to the other to take place. But in her later work, Murdoch explicitly recognizes and draws on the Buddhist tradition of oneness and transcendence of the self. Group solidarities can partake of aspects of Buddhist oneness and self-transcendence, for example the sense of fellowship in a social justice movement in which Blacks draw on a shared identity to experience connection, compassion, empathy, and solidarity with one another. But social justice movements also allow for a solidarity across racial lines, grounded in the shared commitment to justice, including justice for one of the groups in the solidarity community. (All these issues are powerfully portrayed in the 2014 film, Selma.) None of these solidarities, however, express the universalistic dimension of Buddhist oneness. (shrink)

In many or most instances of paternalism, more than one person acts paternalistically, or more than one person is treated paternalistically. This chapter discusses some complications that arise in such group cases, which are largely ignored in the conceptual debate. First, a group of people who together perform an action may do so for different reasons, which makes it more challenging to determine whether the action is paternalistic. This gives us some reason not to pin the property of (...) being paternalistic on actions, since we may alternatively pin it on reasons for actions and allow that these differ between members in the group. Second, the prevention of harmful consensual interactions is sometimes paternalism towards both or all involved, but only if all benefit from interference with themselves rather than with other members in the group, or if all want the harm or risk (more or less) for its own sake. Third, interrelations between three components of paternalism - interference, benevolence and consent - gives us reason to allow that an action can be paternalistic towards some but not others of those affected. This makes it even more difficult, and less relevant, to determine whether or not actions are paternalistic. (shrink)

Digital data help data scientists and epidemiologists track and predict outbreaks of disease. Mobile phone GPS data, social media data, or other forms of information updates such as the progress of epidemics are used by epidemiologists to recognize disease spread among specific groups of people. Targeting groups as potential carriers of a disease, rather than addressing individuals as patients, risks causing harm to groups. While there are rules and obligations at the level of the individual, we have to reach (...) a stage in the development of data analytics where groups are protected as entities. This chapter offers a deeper examination of harms to the groups. (shrink)

In this paper, I discuss the claim, endorsed by a number of authors, that contributing to a collective harm is the ground for special responsibilities to the victims of that harm. Contributors should, between them, cover the costs of the harms they have inflicted, at least if those harms would otherwise be rights-violating. I raise some doubts about the generality of this principle before moving on to sketch a framework for thinking about liability for the costs of harms (...) in general. This framework uses a contractualist framework to build an account of how to think about liability for costs on the basis of the presumably attractive thought that individual agents should have as much control over their liabilities as is compatible with others having like control. I then use that framework to suggest that liability on the basis of contribution should be restricted to cases where the contributors could have avoided their contribution relatively costlessly, where meeting the liability is not crippling for them, and where such a liability would not have chilling effects, either on them or on third parties. This account of the grounds for contributory liability also has the advantage of avoiding a number of awkward questions about what counts as a contribution by shifting the issue away from often unanswerable questions about the precise causal genesis of some harm or other. Instead, control over conduct which plausibly has some relation to the harm because crucial. On the basis of this account, I then investigate whether a number of uses of the contributory principle. I argue that contributory liability is not appropriate for cases of collective harms committed by coordinated groups in the way that, for example, Iris Marion Young and Thomas Pogge have suggested and that further investigation of how members of such groups may be liable will be needed. (shrink)

Climate change and other harmful large-scale processes challenge our understandings of individual responsibility. People throughout the world suffer harms—severe shortfalls in health, civic status, or standard of living relative to the vital needs of human beings—as a result of physical processes to which many people appear to contribute. Climate change, polluted air and water, and the erosion of grasslands, for example, occur because a great many people emit carbon and pollutants, build excessively, enable their flocks to overgraze, or otherwise stress (...) the environment. If a much smaller number of people engaged in these types of conduct, the harms in question would not occur, or would be substantially lessened. However, the conduct of any particular person (and, in the case of climate change, of even quite large numbers of people) could make no apparent difference to their occurrence. My carbon emissions (and quite possibly the carbon emissions of much larger groups of people dispersed throughout the world) may not make a difference to what happens to anyone. When the conduct of some agent does not make any apparent difference to the occurrence of harm, but this conduct is of a type that brings about harm because many people engage in it, we can call this agent an overdeterminer of that harm, and their conduct overdetermining conduct. In this essay we explore the moral status of overdetermining harm. (shrink)

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in (...) shared practices that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

Over the past decade, scholars, institutions, and activists have voiced strong concerns about the potential of automated decision systems to indirectly discriminate against vulnerable groups. This article analyses the ethics of algorithmic indirect discrimination, and argues that we can explain what is morally bad about such discrimination by reference to the fact that it causes harm. The article first sketches certain elements of the technical and conceptual background, including definitions of direct and indirect algorithmic differential treatment. It next introduces (...) three prominent accounts of fairness as potential explanations if the badness of algorithmic indirect discrimination, but argues that all three are vulnerable to powerful levelling-down-style objections. Instead, the article demonstrates how proper attention to the way differences in decision-scenarios affect the distribution of harms can help us account for intuitions in prominent cases. Finally, the article considers a potential objection based on the fact that certain forms of algorithmic indirect discrimination appear to distribute rather than cause harm, and notes that we can explain how such distributions cause harm by attending to differences in individual and group vulnerability. (shrink)

We provide a new text corpus from the social medium Telegram, which is rich in indirect forms of divisive speech. We scraped all messages from one channel of supporters of Donald Trump, covering a large part of his presidency from late 2016 until January 2021. The discussion among the group members over this long time period includes the spread of disinformation, disparaging of out-group members, and other forms of offensive speech. To encourage research into such practices of poisoning (...) public political discourse, we added automatic annotations of offensive language to all messages. We further added manual annotations of harmful language to a portion of the posts in order to enable the analysis of more implicit forms of online harm. (shrink)

During the Standing Rock protests in North Dakota, USA/Turtle Island, a group of military veterans knelt in front of Oceti Sakowin Elders asking forgiveness for centuries of settler colonial military ventures in Oceti Sakowin Territory. Leonard Crow Dog forgave them and immediately demanded respect for Native Nations throughout the U.S. Lacking such respect, he said, Native people will cease paying taxes. Crow Dog’s post-forgiveness remarks speak to the political context of the military veterans’ request: They seek collective forgiveness amidst (...) ongoing occupation and harms committed by the collective they represent. In this chapter, I examine this case study and argue that ongoing harm undermines requests for forgiveness on behalf of collectives. I look to the work of Glen Coultard, Waziyatawin, and Leanne Simpson to consider what a responsible request for collective forgiveness would entail. (shrink)

This paper addresses issues regarding perceptions of surveillance technologies in Europe. It analyses existing studies in order to explore how perceptions of surveillance affect and are affected by the negative effects of surveillance and how perceptions and effectiveness of surveillance technologies relate to each other. The paper identifies 12 negative effects of surveillance including, among others, privacy intrusion, the chilling effect and social exclusion, and classifies them into three groups. It further illustrates the different ways in which perceptions and effectiveness (...) of surveillance interact with each other, distinguishing between perceived security and perceived effectiveness. Finally, the paper advances a methodology to take into account perception issues when designing new surveillance technologies. By doing so, it rejects manipulative measures aiming at improving perceptions only and suggests measures that address the background conditions affecting perceptions. (shrink)

The liberal conception of rights which has dominated the greater part of the 19th and 20th centuries is still very relevant today with its emphasis on individual interests. The liberals consider the rights or the interests of individual members of the society as trumps over group interests. Under the liberal harm and offence principles for example, they hold that whatever interests claimed by the groups should have adequate protection under individual interests or rights. This paper, while recognizing the (...) controversies and difficulties in a wholesome acceptance of group rights, aims to show that the considerations of the liberal harm and offence principles that ignore the interests of groups or collectives will be incomplete in handling or managing the problems of the political society. We argue that in spite of the difficulties and controversies related with group interests and rights, we cannot ignore the constant problems of the political society that require proper attention to such interests. Our major interest is therefore to show that there is certainly a good case for its recognition in the language of rights. The theory of group rights that stresses the independent existence of group interests from that of individuals is particularly admirable and may not be ignored easily in modern political thinking. (shrink)

Groups have committed historical wrongs (e.g., genocide, slavery). We investigated why people blame current groups who were not involved in the original historical wrong for the actions of their predecessors who committed these wrongs and are no longer alive. Current models of individual and group blame overlook the dimension of time and therefore have difficulty explaining this phenomenon using their existing criteria like causality, intentionality, or preventability. We hypothesized that factors that help psychologically bridge the past and present, like (...) perceiving higher (a) connectedness between past and present perpetrator groups, (b) continued privilege of perpetrator groups, (c) continued harm of victim groups, and (d) unfulfilled forward obligations of perpetrator groups would facilitate higher blame judgments against current groups for the past. In two repeated-measures surveys using real events (N1 = 518, N2 = 495) and two conjoint experiments using hypothetical events (N3 = 598, N4 = 605), we find correlational and causal evidence for our hypotheses. These factors link present groups to their past and cause more historical blame and support for compensation policies. This work brings the dimension of time into theories of blame, uncovers overlooked criteria for blame judgments, and questions the assumptions of existing blame models. Additionally, it helps us understand the psychological processes undergirding intergroup relations and historical narratives mired in historical conflict. Our work provides psychological insight into the debates on intergenerational justice by suggesting methods people can use to ameliorate the psychological legacies of historical wrongs and atrocities. (shrink)

In a recent article, Corey Wrenn argues that in order to adequately address injustices done to animals, we ought to think systemically. Her argument stems from a critique of the individualist approach I employ to resolve a moral dilemma faced by animal sanctuaries, who sometimes must harm some animals to help others. But must systemic critiques of injustice be at odds with individualist approaches? In this paper, I respond to Wrenn by showing how individualist approaches that take seriously the (...) notion of group responsibility can be deployed to solve complicated dilemmas that are products of injustice. Contra Wrenn, I argue that to adequately address injustice, acting individually, often within groups, is significantly more important than thinking systemically. (shrink)

- First book to describe what pain means in vulnerable or special groups of people - Clinical applications described in each chapter - Provides insight into the nature of pain experience across the lifespan -/- This book, the third and final volume in the Meaning of Pain series, describes what pain means to people with pain in “vulnerable” groups, and how meaning changes pain – and them – over time. -/- Immediate pain warns of harm or injury to the (...) person with pain. If pain persists over time, more complex meanings can become interwoven with this primitive meaning of threat. These cognitive meanings include thoughts and anxiety about the adverse consequences of pain. Such meanings can nourish existential sufferings, which are more about the person than the pain, such as loss, loneliness, or despair. -/- Although chronic pain can affect anyone, there are some groups of people for whom particular clinical support and understanding is urgently needed. This applies to “vulnerable” or “special” groups of people, and to the question of what pain means to them. These groups include children, women, older adults, veterans, addicts, people with mental health problems, homeless people, or people in rural or indigenous communities. Several chapters in the book focus on the lived experience of pain in vulnerable adults, including black older adults in the US, rural Nigerians, US veterans, and adults with acquired brain injury. The question of what pain experience could mean in the defenceless fetus, neonate, pre-term baby, and child, is examined in depth across three contributions. -/- This book series aspires to create a vocabulary on the “meanings of pain” and a clinical framework with which to use it. It is hoped that the series stimulates self-reflection about the role of meaning in optimal pain management. -/- Meanings of Pain is intended for people with pain, family members or caregivers of people with pain, clinicians, researchers, advocates, and policy makers. Volume I was published in 2016; Volume II in 2019. (shrink)

The International Severe Acute Respiratory and Emerging Infection Consortium (ISARIC) COVID-19 dataset is one of the largest international databases of prospectively collected clinical data on people hospitalized with COVID-19. This dataset was compiled during the COVID-19 pandemic by a network of hospitals that collect data using the ISARIC-World Health Organization Clinical Characterization Protocol and data tools. The database includes data from more than 705,000 patients, collected in more than 60 countries and 1,500 centres worldwide. Patient data are available from acute (...) hospital admissions with COVID-19 and outpatient follow-ups. The data include signs and symptoms, pre-existing comorbidities, vital signs, chronic and acute treatments, complications, dates of hospitalization and discharge, mortality, viral strains, vaccination status, and other data. Here, we present the dataset characteristics, explain its architecture and how to gain access, and provide tools to facilitate its use. (shrink)

This paper investigates agents’ blameworthiness when they are part of a group that does harm. We analyse three factors that affect the scope of an agent’s blameworthiness in these cases: shared intentionality, interpersonal influence, and common knowledge. Each factor involves circumstantial luck. The more each factor is present, the greater is the scope of each agent’s vicarious blameworthiness for the other agents’ contributions to the harm. We then consider an agent’s degree of blameworthiness, as distinct from her (...) scope of blameworthiness. We suggest that an agent mostly controls her degree of blameworthiness—but even here, luck constrains what possible degrees of blameworthiness are open to her. (shrink)

There are 1,000 of us and one victim. We each increase the level at which a "discomfort machine" operates on the victim---leading to great discomfort. Suppose that consecutive levels of the machine are so similar that the victim cannot distinguish them. Have we acted permissibly? According to the "no-difference argument" the answer is "yes" because each of our actions was guaranteed to make the victim no worse off. This argument is of interest because if it is sound, similar arguments threaten (...) intuitive moral verdicts about many cases in which a large number of individual choices cumulatively make a great difference, while each choice seems to make no difference on its own. But the argument is not sound, as is shown by a simple objection based on a plausible dominance principle---an objection that avoids challenges that have been brought against previous criticisms of the no difference argument. (shrink)

The dispute about the role of class in understanding the life situations of people of color has tended to be overpolarized, between a class reductionism and an “it's only race” position. Class processes shape racial groups’ life situations. Race and class are also distinct axes of injustice; but class injustice informs racial injustice. Some aspects of racial injustice can be expressed only in concepts associated with class (e.g., material deprivation, inferior education). But other aspects of racial injustice or other harms, (...) such as racial discrimination or stigma, are not reducible to class concepts and cannot be fully addressed through class-focused policies. Overall, any attempt to fully secure racial justice for a racial group will require a combination of race-focused and class-focused policies. Anti-racist outlooks often neglect or downplay either the normative or the explanatory significance of class, or both—for example, by overlooking or downplaying the dignitary harms of class and the material harms of race; missing the historical dimension of class injustice; masking class by a narrowing of the complex normative structure of racial disparities; or not recognizing that a class-focused initiative (like raising the minimum wage) can address substantial racial justice concerns, even though not all of them. “Systemic racism” terminology recognizes class explanatorily but suppresses it normatively. Charles Mills's influential notion of “white supremacy,” while a powerful tool for conceptualizing and illuminating racial injustice, can also contribute to minimizing or masking the justice-related impact of class, as do some of Mills's specific discussions of class in various writings. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)

Individuals have various kinds of obligations: keep promises, don’t cause harm, return benefits received from injustices, be partial to loved ones, help the needy and so on. How does this work for group agents? There are two questions here. The first is whether groups can bear the same kinds of obligations as individuals. The second is whether groups’ pro tanto obligations plug into what they all-things-considered ought to do to the same degree that individuals’ pro tanto obligations plug (...) into what they all-things-considered ought to do. We argue for parity on both counts. (shrink)

In his essay On Liberty, John Stuart Mill presents the famous harm principle in the following manner: “[…] the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. […] The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. […] Over himself, over his own body and mind, the individual is sovereign.” Hence, there is (...) a distinction between self-regarding and other-regarding acts, and only the latter are subject to moral criticism. However, while all acts are in some way selfregarding, it is not clear if there are any which are exclusively so. There are two additional difficulties. First, the “individual” may not be an individual person; self-determining communities, at least when they have the ability to decide for themselves, are also “individuals” in this sense. Second, it is claimed that groups of acts (activities and practices) have a different kind of justification from single acts. So what are the limits which “others” have in order to protect themselves from what “individuals” (personal or not) do, and what are their rights to do and to protect? If, in the final analysis, protection or defense is a source of justification, what should or must be protected, and why? Where does the demarcation line between self-regarding and other-regarding acts lie? In our age, as in Mill’s, we encounter many situations where such a line is needed, yet is hard to determine or establish. One such example, the case of same-sex marriages, is further explored in this paper. (shrink)

Many real-world agents recognise that they impose harms by choosing to emit carbon, e.g., by flying. Yet many do so anyway, and then attempt to make things right by offsetting those harms. Such offsetters typically believe that, by offsetting, they change the deontic status of their behaviour, making an otherwise impermissible action permissible. Do they succeed in practice? Some philosophers have argued that they do, since their offsets appear to reverse the adverse effects of their emissions. But we show that (...) they do not. In practice, standard carbon offsetting does not reverse the harms of the original action, nor does it even benefit the same group as was harmed. Standard moral theories hence deny that such offsetting succeeds. Indeed, we show that any moral theory that allows offsetting in this setting faces a dilemma between allowing any wrong to be offset, no matter how grievous, and recognising an implausibly sharp discontinuity between offsettable actions and non-offsettable actions. The most plausible response is to accept that carbon offsetting fails to right our climate wrongs. (shrink)

Suppose you can save only one of two groups of people from harm, with one person in one group, and five persons in the other group. Are you obligated to save the greater number? While common sense seems to say ‘yes’, the numbers skeptic says ‘no’. Numbers Skepticism has been partly motivated by the anti-consequentialist thought that the goods, harms and well-being of individual people do not aggregate in any morally significant way. However, even many non-consequentialists think (...) that Numbers Skepticism goes too far in rejecting the claim that you ought to save the greater number. Besides the prima facie implausibility of Numbers Skepticism, Michael Otsuka has developed an intriguing argument against this position. Otsuka argues that Numbers Skepticism, in conjunction with an independently plausible moral principle, leads to inconsistent choices regarding what ought to be done in certain circumstances. This inconsistency in turn provides us with a good reason to reject Numbers Skepticism. Kirsten Meyer offers a notable challenge to Otsuka’s argument. I argue that Meyer’s challenge can be met, and then offer my own reasons for rejecting Otsuka’s argument. In light of these criticisms, I then develop an improved, yet structurally similar argument to Otsuka’s argument. I argue for the slightly different conclusion that the view proposed by John Taurek that ‘the numbers don’t count’ leads to inconsistent choices, which in turn provides us with a good reason to reject Taurek’s position. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent (...) autonomy promotion of members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

Some philosophers hold that stifling free expression stifles intellectual life. Others reply that freedom of expression can harm members of marginalized groups by alienating them from social life or worse. Yet we should still favour freedom of expression, especially where marginalized groups are concerned. It's better to know who has repugnant beliefs as it allows marginalized groups to identify threats: free expression qua self-defence.

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated unequally, (...) while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

In some cases, a group of people can bring about a morally bad outcome despite each person’s individual act making no difference with respect to bringing that outcome about. Since each person’s act makes no difference, it seems the effects of the act cannot provide a reason not to perform it. This is problematic, because if each person acts in accordance with their reasons, each will presumably perform the act—and thus, the bad outcome will be brought about. Recently, Julia (...) Nefsky has argued that this problem is solved by rejecting the assumption that if an act makes no difference with respect to an outcome, then the act cannot do anything non-superfluous toward bringing that outcome about. Nefsky suggests that, even if an act makes no difference, the act may nevertheless help: it may make a non-superfluous causal contribution. If this is right, it means that the potential effects of an act may give us a reason to perform the act, even if the act wouldn’t make a difference. In this paper, I offer some reasons to be wary of Nefsky’s approach. I first argue that her account generates problematic results in a certain range of cases, and thus that we may have no reason to help in any case. I then argue that, even if we do sometimes have a reason to act when it seems we cannot make a difference, this reason cannot be the one that Nefsky identifies. (shrink)

Political polarization is one of the most discussed challenges facing contemporary democracies and is often associated with a broader epistemic crisis. While inspiring a large literature in political science, polarization’s epistemic problems also have significance for normative democratic theory, and this study develops a new approach aimed at understanding them. In contrast to prominent accounts from political psychology—group polarization theory and cultural cognition theory—which argue that polarization leads individuals to form unreliable political beliefs, this study focuses on system-level diversity. (...) It argues that polarization’s epistemic harms are best located in its tendency to reduce the diversity of perspectives utilized in a democratic system and in how this weakens the system’s ability to identify and address problems of public concern. Understanding such harms is also argued to require a greater consideration of the political dynamics of polarization and issues of elite discourse, alongside political psychology. (shrink)

I argue that the phenomenon underlying Bernard Williams’ (1976) “agent-regret” is considerably broader than appreciated by Williams and others. Agent-regret— an anguished response that agents have for harms they have caused, even if faultlessly— I maintain, is a species of a more general response to harms that need not be one’s fault, but which nonetheless impact one’s practical identity in a special way. This broader genus includes as a species what I call “relation-regret”, a pained response to harm caused (...) by a person to whom one is intimately related, as a co-member of a group partly constitutive of one’s practical identity (e.g. one’s family). After providing an account of the moral psychology of relation-regret, I attend to its normative significance, proposing in particular that acceptance of relation-regret provides us with reasons for accepting a novel form of moral luck, namely associative luck: the luck of being vulnerable to responsibility-responses in virtue of one’s attachments to others, despite one’s personal faultlessness. (shrink)

Whether in the form of testimonial injustice, hermeneutical injustice, or contributory injustice, epistemic injustice is characterised an injustice rather than simply an epistemic harm because it is often motivated by an identity prejudice and exacerbates existing social disadvantages and inequalities. I argue that epistemic injustice can also be utlised against some members of privileged social identity groups in order to preserve the dominant status of the group as a whole. As a case-study, I analyze how the harms to (...) male victims of sexual violence is exacerbated by the failure of the law to recognise the rape of men as a crime and the failure of other people to recognise the testimony of male rape victims as credible. Analyzing shifts in the legal concept of rape and examples from Project Unbreakable, I uncover how these failures of recognition undermine the victims’ status as legal, moral, and epistemic subjects and inflict epistemic injustice against them. (shrink)

E-waste is one of the most pressing challenges of our time, yet it is often ignored, especially in Southeast Asia. The “tsunami of e-waste” in the region has been putting our lives and our environment at risk. With the extensive use of electrical and electronic devices, we are also contributing to harming the environment and quickening the climate change by producing and discarding e-waste. Youths are among major users of electronic devices, and hunger for upgraded and newer versions. -/- However, (...) there is still a lack of sensitization on e-waste management issues in the Southeast Asia region. Why should not the young people be pioneers in educating this challenge to the young public? Our FRE-E-WASTE project team is firm in our belief that youths should take the lead in bringing to light this aspect of climate justice, to the best of our ability. -/- Implemented by a group of ASEAN environmental enthusiasts, STEP Forward Education and supported by the U.S. Department of State and the Young Southeast Asian Leaders Initiative (YSEALI), FRE-E-WASTE Project seeks to bring together a group of Southeast Asian environmental enthusiasts aged between 18 and 35 to connect and collaborate on e-waste issues in the region and eventually to create a toolkit about e-waste for the Southeast Asia region. (shrink)

This study attempts an exposition of different perceptions of obligation to medical treatment that have emerged from the Islamic theological understanding and how they contribute to diversity of options and flexibility in clinical practice. Particularly, an attempt is made to formulate an Islamic perspective on ordinary and extraordinary means of medical treatment. This distinction is of practical significance in clinical practice, and its right understanding is also important to public funded healthcare authorities, guardians of the patients, health and life insurance (...) institutions, and employers who provide health care coverage to their employees. Not only these parties, but also lawyers and justice administration functionaries such as public prosecutors and judges are in need of understanding this distinction to deal with relevant litigations. The distinction could be made regarding terminally ill patients and non-terminally ill patients separately. The essential factors that matter in making the distinction between ordinary and extraordinary means of treatment are: (1) patient capacity (2) expert advice, and (3) nature of medication. Regarding terminally ill patients, medical treatment can become extraordinary because of (1) patient capacity and (2) nature of medication. In both these case the deciding condition applies: the expert advice taken from a group of physicians. In regards to non- terminally ill patients, extraordinary medical treatment includes three cases: (1) treatment that is known to be useless and futile, (2) treatment that endangers the life or cause more harm than what it removes, and (3) useful treatment, but the patient is unable to bear the cost. (shrink)

Sentience is the capacity to have feelings, such as feelings of pain, pleasure, hunger, thirst, warmth, joy, comfort and excitement. It is not simply the capacity to feel pain, but feelings of pain, distress or harm, broadly understood, have a special significance for animal welfare law. Drawing on over 300 scientific studies, we evaluate the evidence of sentience in two groups of invertebrate animals: the cephalopod molluscs or, for short, cephalopods (including octopods, squid and cuttlefish) and the decapod crustaceans (...) or, for short, decapods (including crabs, lobsters and crayfish). We also evaluate the potential welfare implications of current commercial practices involving these animals. (shrink)

Research programs in empirical psychology from the past two decades have revealed implicit biases. Although implicit processes are pervasive, unavoidable, and often useful aspects of our cognitions, they may also lead us into error. The most problematic forms of implicit cognition are those which target social groups, encoding stereotypes or reflecting prejudicial evaluative hierarchies. Despite intentions to the contrary, implicit biases can influence our behaviours and judgements, contributing to patterns of discriminatory behaviour. These patterns of discrimination are obviously wrong and (...) unjust. But in remedying such wrongs, one question to be addressed concerns responsibility for implicit bias. Unlike some paradigmatic forms of wrongdoing, such discrimination is often unintentional, unendorsed, and perpetrated without awareness; and the harms are particularly damaging because they are cumulative and collectively perpetrated. So, what are we to make of questions of responsibility? In this article, we outline some of the main lines of recent philosophical thought, which address questions of responsibility for implicit bias. We focus on (a) the kind of responsibility at issue; (b) revisionist versus nonrevisionist conceptions of responsibility as applied to implicit bias; and (c) individual, institutional, and collective responsibility for implicit bias. (shrink)

A particularly important, pressing, philosophical question concerns whether Confederate monuments ought to be removed. More precisely, one may wonder whether a certain group, viz. the relevant government officials and members of the public who together can remove the Confederate monuments, are morally obligated to (of their own volition) remove them. Unfortunately, academic philosophers have largely ignored this question. This paper aims to help rectify this oversight by moral philosophers. In it, I argue that people have a moral obligation to (...) remove most, if not all, public Confederate monuments because of the unavoidable harm they inflict on undeserving persons. In the first section, I provide some relevant historical context. In the second section, I make my unique harm-based argument for the removal of Confederate monuments. In the third section, I consider and rebut five objections. (shrink)

As the range of potential uses for Artificial Intelligence, in particular machine learning, has increased, so has awareness of the associated ethical issues. This increased awareness has led to the realisation that existing legislation and regulation provides insufficient protection to individuals, groups, society, and the environment from AI harms. In response to this realisation, there has been a proliferation of principle-based ethics codes, guidelines and frameworks. However, it has become increasingly clear that a significant gap exists between the theory of (...) AI ethics principles and the practical design of AI systems. In previous work, we analysed whether it is possible to close this gap between the ‘what’ and the ‘how’ of AI ethics through the use of tools and methods designed to help AI developers, engineers, and designers translate principles into practice. We concluded that this method of closure is currently ineffective as almost all existing translational tools and methods are either too flexible or too strict. This raised the question: if, even with technical guidance, AI ethics is challenging to embed in the process of algorithmic design, is the entire pro-ethical design endeavour rendered futile? And, if no, then how can AI ethics be made useful for AI practitioners? This is the question we seek to address here by exploring why principles and technical translational tools are still needed even if they are limited, and how these limitations can be potentially overcome by providing theoretical grounding of a concept that has been termed ‘Ethics as a Service.’. (shrink)

Sometimes, a group of people can produce a morally bad outcome despite each person’s individual act making no difference to whether the outcome is produced. Since each person’s act makes no difference, it seems the effects of the act cannot provide a reason not to perform it. This is problematic, because if each person acts in accordance with their reasons, each will presumably perform the act—and thus, the bad outcome will be brought about. I suggest that the key to (...) solving this problem is to make it true of each person that their act would in fact make a difference to the relevant outcome. Fortunately, I contend, this can be accomplished by each person simply forming a particular type of attitude. I argue that each person has an obligation to form the relevant attitude in collective action cases, on pain of being immoral or irrational. (shrink)

Traditional medical practices and relationships are changing given the widespread adoption of AI-driven technologies across the various domains of health and healthcare. In many cases, these new technologies are not specific to the field of healthcare. Still, they are existent, ubiquitous, and commercially available systems upskilled to integrate these novel care practices. Given the widespread adoption, coupled with the dramatic changes in practices, new ethical and social issues emerge due to how these systems nudge users into making decisions and changing (...) behaviours. This article discusses how these AI-driven systems pose particular ethical challenges with regards to nudging. To confront these issues, the value sensitive design approach is adopted as a principled methodology that designers can adopt to design these systems to avoid harming and contribute to the social good. The AI for Social Good factors are adopted as the norms constraining maleficence. In contrast, higher-order values specific to AI, such as those from the EU High-Level Expert Group on AI and the United Nations Sustainable Development Goals, are adopted as the values to be promoted as much as possible in design. The use case of Amazon Alexa's Healthcare Skills is used to illustrate this design approach. It provides an exemplar of how designers and engineers can begin to orientate their design programs of these technologies towards the social good. (shrink)