: Does the rejection of pure proceduralism show that we should adopt Brettschneider’s value theory of democracy? The answer, this paper suggests, is ‘no’. There are a potentially infinite number of incompatible ways to understand democracy, of which the value theory is, at best, only one. The paper illustrates and substantiates its claims by looking at what the secret ballot shows us about the importance of privacy and democracy. Drawing on the reasons to reject Mill’s arguments for open voting, (...) in a previous paper by A. Lever, it argues that people’s claims to privacy have a constitutive, as well as an instrumental, importance to democratic government, which is best seen by attending to democracy as a practice, and not merely as a distinctive set of values. (shrink)

In Considerations on Representative Government, John Stuart Mill concedes that secrecy in voting is often justified but, nonetheless, maintains that it should be the exception rather than the rule. This paper critically examines Mill’s arguments. It shows that Mill’s idea of voting depends on a sharp public/private distinction which is difficult to square with democratic ideas about the different powers and responsibilities of voters and their representatives, or with legitimate differences of belief and interest amongst voters themselves. Hence, it concludes, (...) we should reject the assumption, which many of us share with Mill, that the secret ballot is justified only on prudential grounds and recognise how central privacy is to any democratic conception of citizenship and politics. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 January]1 Effective (...) protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Although anonymity is a central feature of liberal democracies—not only in the secret ballot, but also in campaign funding, publishing political texts, masked protests, and graffiti—it has so far not been conceptually grounded in democratic theory. Rather, it is treated as a self-explanatory concept related to privacy. To overcome this omission, this article develops a complex understanding of anonymity in the context of democratic theory. Drawing upon the diverse literature on anonymity in political participation, it explains anonymity as a (...) highly context-dependent identity performance expressing private sentiments in the public sphere. The contradictory character of its core elements—identity negation and identity creation—results in three sets of contradictory freedoms. Anonymity affords (a) inclusion and exclusion, (b) subversion and submission, and (c) honesty and deception. This contradictory character of anonymity's affordances illustrates the ambiguous role of anonymity in democracy. (shrink)

In this paper, we argue that because of the advent of Artificial Intelligence, the secret ballot is now much less effective at protecting voters from voting related instances of social ostracism and social punishment. If one has access to vast amounts of data about specific electors, then it is possible, at least with respect to a significant subset of electors, to infer with high levels of accuracy how they voted in a past election. Since the accuracy levels of (...) Artificial Intelligence are so high, the practical consequences of someone inferring one’s vote are identical to the practical consequences of having one’s vote revealed directly under an open voting regime. Therefore, if one thinks that the secret ballot is at least partly justified because it protects electors against voting related social ostracism and social punishment, one should be morally troubled by how Artificial Intelligence today can be used to infer individual electors’ past voting behaviour. (shrink)

We respond to a Letter to the Editor regarding "Principlism and contemporary ethical considerations for providers of transgender health care." We address criticisms by Castle & Klein (2024) of blatant fatphobia related to the ethical elements concerning BMI restrictions for gender-affirming surgery. Our response corrects several mischaracterizations of the article and clarifies our position. My co-authors and I remain focused on advocating for patient-centered, ethically sound, evidence-based, and equitable healthcare policies.

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people’s freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal rights to privacy (...) might serve feminist objectives, and prove consistent with sexual equality. By arguing that Roe’s privacy justification of abortion rights was directly responsible for the weakness and vulnerability of abortion rights in America, MacKinnon took aim at feminist hopes for the right to privacy at their strongest point. Maintaining that Roe’s privacy justification of abortion is intimately, and not contingently, related to the Supreme Court’s subsequent decision in Harris v. McRae, (1980) MacKinnon concluded that privacy rights cannot be reconciled with the freedom and equality of women, and so can have no place in a democracy.1 In Harris, the Supreme Court held that the State need not provide Medicaid coverage for abortions that are necessary to preserve the health, but not the life, of a pregnant woman, effectively depriving poor women of almost all state aid for abortions.2 Moreover, the Court’s subsequent decision in Bowers v . Hardwick (1986) appeared to confirm the truth of MacKinnon’s observation – though this case concerned gay rights, rather than abortion rights, and occurred several years after MacKinnon’s condemnation of Harris. -/- This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely on empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. -/- . (shrink)

This essay critically examines some classic philosophical and legal theories of privacy, organized into four categories: the nonintrusion, seclusion, limitation, and control theories of privacy. Although each theory includes one or more important insights regarding the concept of privacy, I argue that each falls short of providing an adequate account of privacy. I then examine and defend a theory of privacy that incorporates elements of the classic theories into one unified theory: the Restricted Access/Limited Control (RALC) theory of (...) privacy. Using an example involving data-mining technology on the Internet, I show how RALC can help us to frame an online privacy policy that is sufficiently comprehensive in scope to address a wide range of privacy concerns that arise in connection with computers and information technology. (shrink)

It is especially hard, at present, to read the newspapers without emitting a howl of anguish and outrage. Philosophy can heal some wounds but, in this case, political action may prove a better remedy than philosophy. It can therefore feel odd trying to think philosophically about surveillance at a time like this, rather than joining with like-minded people to protest the erosion of our civil liberties, the duplicity of our governments, and the failings in our political institutions - including our (...) political parties – revealed by the succession of leaks dripping away this the summer. Still, philosophy can help us to think about what we should do, not merely what we should believe. Thus, in what follows I draw on my previous work on privacy, democracy and security, in order to highlight aspects of recent events which – or so I hope – may prove useful both for political thought and action. (shrink)

Migration has, in recent years, been one of the most current topics both in Croatia and worldwide. We have witnessed increased emigration (i.e. out-migration) of Croatian citizens, as well as attempts to cross the Croatian state border by citizens of other countries. This book focuses on migration in the context of the so-called migrant and refugee crisis, which is considered from a philosophical and sociological perspective. Any gender-specific terms, irrespective of the gender in which they are used here, refer equally (...) to both men and women. The book came into being as part of a study conducted by the authors in 2019 among students at the University of Split. This was one of the activities carried out within the project entitled Creating welcoming communities, which was coordinated by the Association "MI" – Split, with the support of the UNHCR’s (United Nations High Commissioner for Refugees) Representation in Croatia. The main objective of the project was to improve the conditions for better integration of asylum seekers at the local and regional level, with a special emphasis on local stakeholders and the community. The objective and activities of the project reflect and anticipate relocation policies and work towards analysing, valorising, and developing recommendations for the preparation of the local community and self-government to provide support. In this regard, we can say that the aim of the project is a contribution of sorts to creating a welcoming atmosphere and better conditions for integration through cooperation with institutions, and especially with the academic community. The project activities were intended to include relevant scientific findings that would enable the interested public to gain a more systematic understanding of the current social situation as well as to promote the idea of the possibilities of achieving a higher integration standard. In the complex social circumstances of today, which require understanding and adaptation, in addition to adequate access to accurate information, it is also crucial to ensure and facilitate the forming of inter-sectoral networks that would respond more readily to existing challenges. This primarily requires knowledge exchange, but also cooperation between different stakeholders such as public institutions, local and state government, civil society organisations, the academic community, media, etc. All these stakeholders play an equally important role in establishing a support network for a multitude of beneficiaries within the integration process. The establishment of a support network for the reception and integration of asylum seekers depends on the support of the local population in the broadest sense. One of the aims of the study was to analyse the relationship between the respondents’ identity features and their attitudes on accepting immigrants and refugees. The structure of the survey is based on the following objectives within which we sought to identify: 1) students’ attitudes on immigration, immigrants, and refugees, 2) the perceived sociodemographic profiles of immigrants and refugees, 3) the eventual presence of social distance towards immigrants and refugees. For the sake of clarity and better presentation, the second and third research objectives are analytically separated from the first one, although, in fact, a connection exists between them. How students perceive migration, immigrants, and refugees plays a role in shaping their attitudes towards them, as well as in potential behaviours reflected in the degree of social distance. From the sociological perspective, identity is seen as the way we perceive ourselves and others, as well as the way we are perceived by others. It involves sameness, similarity and difference concerning various groups of individuals (Abercrombie, Hill & Turner, 2006:190). Identity is associated with the meanings individuals and groups attach to their social reality, resulting in different forms of action. As such, it becomes one of the central political, scientific, and social topics in general. The book is structured in six chapters. Following the introduction, the first chapter presents the theoretical framework on which the conducted research is based. It goes on to elaborate on the concepts significant for a better understanding of the covered topic, in particular the concept of identity, the differences between the concepts of immigrant and refugee, as well as the frameworks of philosophical reflection on migration (the philosophy of politics and ethics). As confirmed both by our study and by numerous others, the discussion on the topic of identity represents an important element in understanding modern migrations. The third and fourth chapters lay out the research methodology, followed by the results and their interpretation. Chapter 5 provides conclusions and recommendations for further research and the establishment of a support network for the reception and integration of asylum seekers. The final chapter includes references to the literature used. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form (...) families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

Recent developments in neuroscience create new opportunities for understanding the human brain. The power to do good, however, is also the power to harm, so scientific advances inevitably foster as many dystopian fears as utopian hopes. For instance, neuroscience lends itself to the fear that people will be forced to reveal thoughts and feelings which they would not have chosen to reveal, and of which they may be unaware. It also lends itself to the worry that people will be encouraged (...) to submit to medication or surgery which, even if otherwise beneficial, alters their brain in ways that undermine their identity and agency. As Kenneth Foster notes, neural implants can have surprising and unintended adverse effects, even when they help to mitigate the loss of bodily control associated with Parkinson’s disease, or help to provide hearing for children who would otherwise be profoundly deaf. While the risk of adverse outcomes are scarcely specific to neuroscience, he thinks that ‘These issues are perhaps more acute’ with the latter than with other medical interventions, ‘because they are intimately and fundamentally related to a person’s communication with the outside world’. [ 2006 196] -/- Neuroscience, like genomic science, then, is likely to create new ways of harming people. Many of these will involve violations of privacy. However, these are unlikely fundamentally to challenge the reasons to value privacy, or our ability to protect it in the foreseeable future. Rather, I would suggest, the major threat to privacy comes from the difficulty of determining its nature and value and when, if ever, efforts to protect it are justified. So I will start by examining some threats to privacy, and their implications for neuroscience, before turning to philosophical problems in understanding the nature and value of privacy, and the practical consequences of those philosophical difficulties. (shrink)

This out-of-print collection in the area of the history, politics, ethics, and theory of privacy includes selections from Peter Gay, Alan Westin, Walter Benjamin, Catharine MacKinnon, Seyla Benhabib, Anita Allen, Ann Jennings, Charles Taylor, Richard Sennett, Mark Wicclair, Martha Nussbaum, and Robert Nozick.

Some years ago I reached the point where I can usually tell from the title of a book, or at least from the chapter titles, what kinds of philosophical mistakes will be made and how frequently. In the case of nominally scientific works these may be largely restricted to certain chapters which wax philosophical or try to draw general conclusions about the meaning or long term significance of the work. Normally however the scientific matters of fact are generously interlarded (...) with philosophical gibberish as to what these facts mean. The clear distinctions which Wittgenstein described some 80 years ago between scientific matters and their descriptions by various language games are rarely taken into consideration, and so one is alternately wowed by the science and dismayed by its incoherent analysis. So it is with this volume. -/- If one is to create a mind more or less like ours, one needs to have a logical structure for rationality and an understanding of the two systems of thought (dual process theory). If one is to philosophize about this, one needs to understand the distinction between scientific issues of fact and the philosophical issue of how language works in the context at issue, and of how to avoid the pitfalls of reductionism and scientism, but Kurzweil, like nearly all students of behavior, is largely clueless. He, is enchanted by models, theories, and concepts, and the urge to explain, while Wittgenstein showed us that we only need to describe, and that theories, concepts etc., are just ways of using language (language games) which have value only insofar as they have a clear test (clear truthmakers, or as John Searle (AI’s most famous critic) likes to say, clear Conditions of Satisfaction (COS)). I have attempted to provide a start on this in my recent writings, such as The Logical Structure of Consciousness (behavior, personality, rationality, higher order thought, intentionality) (2016) and The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in the Writings of Ludwig Wittgenstein and John Searle (2016). Those interested in all my writings in their most recent versions may consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2016 662p (2016). I will give a very brief presentation of this framework since I have described it in great detail in many recent papers and several books, available on this site and others. -/- Also, as usual in ‘factual’ accounts of AI/robotics, he gives no time to the very real threats to our privacy, safety and even survival from the increasing ‘androidizing’ of society which is prominent in other authors (Bostrum, Hawking etc.) and frequent in scifi and films, so I make a few comments on the quite possibly suicidal utopian delusions of ‘nice’ androids, humanoids, democracy, diversity, and genetic engineering. -/- I take it for granted that technical advances in electronics, robotics and AI will occur, resulting in profound changes in society. However, I think the changes coming from genetic engineering are at least as great and potentially far greater, as they will enable us to utterly change who we are. And it will be feasible to make supersmart/super strong servants by modifying our genes or those of other monkeys. As with other technology, any country that resists will be left behind. But will it be socially and economically feasible to implement biobots or superhumans on a massive scale? And even if so, it does not seem remotely possible, economically or socially to prevent the collapse of industrial civilization. So, ignoring the philosophical mistakes in this volume as irrelevant, and directing our attention only to the science, what we have here is another suicidal utopian delusion rooted in a failure to grasp basic biology, psychology and human ecology, the same delusions that are destroying America and the world. I see a remote possibility the world can be saved, but not by AI/robotics,CRISPR, nor by democracy and equality. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019). (shrink)

The core idea of this paper is that we can use the differences between democratic and undemocratic governments to illuminate ethical problems, particularly in the area of political philosophy. Democratic values, rights and institutions lie between the most abstract considerations of ethics and meta-ethics and the most particularised decisions, outcomes and contexts. Hence, this paper argues, we can use the differences between democratic and undemocratic governments, as we best understand them, to structure our theoretical investigations, to test and organise our (...) intuitions and ideas, and to explain and justify our philosophical conclusions in ways analogous to the distinction between consequentialist and deontological theories in moral philosophy, or between liberal and republican principles in political philosophy. In this way – or so I will argue – we can interpret and evaluate competing philosophical claims so that they are morally and politically attractive, as well as logically consistent. Specifically, as we will see, a democracy-centred approach to ethics can help us to distinguish liberal and democratic approaches to political morality in ways that reflect the varieties of democratic theory, and the importance of distinguishing democratic from undemocratic forms of liberalism. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...) sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

Lisa Hill’s response to my critique of compulsory voting, like similar responses in print or in discussion, remind me how much a child of the ‘70s I am, and how far my beliefs and intuitions about politics have been shaped by the electoral conflicts, social movements and violence of that period. -/- But my perceptions of politics have also been profoundly shaped by my teachers, and fellow graduate students, at MIT. Theda Skocpol famously urged political scientists to ‘bring the state (...) back in’ to their analyses, and to recognise that political identities, interests and coalitions cannot be read off straightforwardly from people’s socio-economic position. In their different ways, this was the lesson that Suzanne Berger, Charles Sabel and Joshua Cohen tried to teach us, emphasising the ways that political participation and conflict, themselves, can change people’s identities, their sense of what it is desirable and possible, and their ability to recognise, or oppose, the freedom and equality of others. -/- I do not therefore take it as self-evident that the poor and seemingly powerless should be politically apathetic, unwilling to vote, or incapable of imagining a political solution to at least some of the problems confronting them. Nor do I suppose that non-voters are all-of-a-piece, and that their shared interests are, inevitably, more significant, morally or politically, than those which divide them. Such assumptions seem mistaken in the case of voters, and I see no reason why they should be true of non-voters. The people we find in these categories are not predestined to be in one rather than the other; they do not always stay where they start off; and at an individual level, the reasons why people fall into one group, rather than another, are likely to be complex and sometimes unpredictable. -/- Above all I see nothing in a commitment to democratic government, understood realistically or in more idealistic terms, that requires us to treat raising turnout at national elections (once every four years or so) as of such moral or political importance that we should make it legally mandatory. Realistically, it is an open question how far the ballot box is, for most people, the path to empowerment – important though it is that people should have an equal right to vote and to stand as candidates at national elections. On a more idealistic view of democratic politics it is hard to avoid the thought that the importance of national elections to self-government, posited by proponents of compulsory voting, reflects an alienated and alienating view of democracy, in which the choice of our leaders becomes more important than the development and exercise of our own capacities to lead; and in which our awe at the power our leaders might wield is matched only by our inability to imagine less intimidating, distant and centralised forms of politics. -/- But before saying a little more about these points, and their significance for compulsory voting, I would like to dispel some misunderstandings or misrepresentations of my views in Hill’s essay. I do not believe socio-economic disparities in turnout are not worrying for democratic politics, nor do I believe that abstention is generally synonymous with consent. I do not assume that people have a right not to vote, but try to explain why moral and legal rights to abstain are an important part of democratic politics, including electoral politics. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I believe, (...) is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

It is especially hard, at present, to read the newspapers without emitting a howl of anguish and outrage. Philosophy can heal some wounds but, in this case, political action may prove a better remedy than philosophy. It can therefore feel odd trying to think philosophically about surveillance at a time like this, rather than joining with like-minded people to protest the erosion of our civil liberties, the duplicity of our governments, and the failings in our political institutions - including our (...) political parties – revealed by the succession of leaks which have dripped away this the summer. Still, philosophy can help us to think about what we should do, not merely what we should believe. Thus, in what follows I draw on my previous work on privacy, democracy and security, in order to highlight aspects of recent events which – or so I hope – may prove useful both for political thought and action. (shrink)

In this paper, it is argued that, when properly revised in the face of counter-examples, the source control and actual access views of privacy are extensionally equivalent but different in their underlying rationales. In this sense, the source control view and the actual access view, when properly modified to meet counter-examples, can be metaphorically compared to ‘climbing the same mountain but from different sides’ (as Parfit [1] has argued about normative theories). These two views can equally apply to (...) the privacy debates and, thus, resolve a long-standing debate in the literature. (shrink)

All societies have to balance privacy claims with other moral concerns. However, while some concern for privacy appears to be a common feature of social life, the definition, extent and moral justifications for privacy differ widely. Are there better and worse ways of conceptualising, justifying, and managing privacy? These are the questions that lie in the background of this thesis. -/- My particular concern is with the ethical issues around privacy that are tied to the rise of new information and (...) communication technologies (henceforth “ICT”). The focus here is on technologies involved in processing personal data in its broadest sense, including “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.” The issue of moral concern is commonly designated as that of 'data privacy'. -/- The first step is to consider why privacy matters, or ought to matter, in the first place. And here we run into our first difficulty, since both the conceptualisation of privacy and the justification for the right to privacy are matters for contention. On the one hand, we are animated by a moral concern for privacy in some sense; on the other, we lack the conceptual and moral resources for making sense of this concern or for promoting particular social policies and criticising others. This often-cited dichotomy and its ensuing confusion have been the central motivation for most of the philosophical literature on privacy – including this thesis. -/- In what follows, I will suggest a way out of the confusion that pervades the current debate on data privacy. I will essentially argue two claims: one, that the concept of (data) privacy is uniquely characterised by a particular context within which we exchange information; two, that because (data) privacy constitutes an intrinsic value, its moral concerns and justifications ought to be deliberated as such. -/- The first chapter sketches the current data privacy landscape by introducing a number of concepts and arguing the unique nature of the landscape. I argue that the traditional distinction between four kinds of privacy (physical, mental, decisional and informational) is no longer accurate, given the technological context that reduces, unifies and processes all aspects of people’s lives by means of digital data. In fact, to hold on to the distinction leads to a fundamental misconception of data privacy. I further argue that today’s distinction between data protection and data privacy runs the risk of ignoring the fact that the former is an inherent aspect of the latter. These arguments allow me to settle on a (provisional) definition of data privacy: controlling how data about identifiable people is processed by ICT. -/- Next, I draw a line between descriptive and normative accounts of data privacy, and explain why this book belongs to the latter category. After a brief discussion of the coherence and distinctiveness theses, and of the difference between instrumental and intrinsic theories of privacy, I introduce the problem of data privacy as a distinct, coherent, and intrinsic moral concern. Three arguments support this position: one, data privacy is a coherent moral concern because it is motivated by a singular moral concept; two, data privacy is a distinct moral concern because the privacy challenges we face today are of a fundamentally new nature – distinct from any moral concerns we’ve faced in the past; and three, data privacy is an intrinsic moral concern that is predominantly justified, not by what it instrumentally protects us from, but by what it intrinsically constitutes. -/- Chapter Two makes the case against a harm-based, consequentialist approach to data privacy. After a brief introduction to the basic tenets of consequentialism I discuss harm-based arguments in favour as well as against privacy. I explain how privacy may protect us against psychological distress, but at the same time constitute the source of that distress; how privacy may be necessary for the proper functioning of democratic societies, but at the same time provide a cloak for anti-social and immoral behaviour; and how privacy protects us against the improper use of our personal data by others, but at the same enables us to conceal information or spread false information about ourselves in ways that are harmful to others. Next, I argue that consequentialism essentially relies on two flawed presumptions – that we know what harm is, and that we know how to predict it – and discuss the controversies surrounding definitions and predictions of harm. This argument becomes especially pertinent in today’s rapidly changing technological context: we may guess, and make assumptions, perhaps even find correlations, but don’t really know or understand (yet) with any degree of certainty the harmful consequences today’s data privacy violations are causing or will eventually cause – if any. -/- I illustrate this with examples of recent data privacy violations, and with a brief overview of consequentialist arguments for and against data privacy. Those who invoke consequentialist arguments against data privacy claim that personal data is nothing more than a raw material that can be turned into something useful and valuable without harming anyone. Choosing to move fast and break things – a popular mantra that promotes the benefits of technological “permissionless innovation” over and above its risks and costs – they draw our attention to the many benefits free data flows generate. Those who rely on consequentialist arguments in favour of data privacy, on the other hand, insist on actual and potential misuse of personal data. Rather careful than sorry, they draw our attention to the urgent need to take back control and protect ourselves against data privacy violations – precisely because we don’t know which harm they may cause in the future. Others go one step further and argue that these violations are part of a broader ideology of power. -/- What Chapter Two demonstrates is that vague definitions, unreliable predictions and inconclusive allegations of harm from both sides of the debate perpetuate a stalemate that fails to produce morally defensible answers to our growing data privacy concerns. Deliberating about data privacy from a consequentialist perspective is a dead end. -/- Chapter Three proposes an alternative to the harm-based approach, namely that privacy is an intrinsic value that deserves moral protection for its own sake. After a brief account of what I take values to be, and why we have a need to protect them, I introduce the foundational value of respect for persons, and lay out my main argument in two steps. The conceptual component of my argument returns to the definition of data privacy I had temporarily settled on in Chapter One, but now with the added consideration of the particular context, and particular circumstances and attitudes, within which information is exchanged. This addition is crucial, as it reveals the fundamental value that is at stake in our data privacy concerns, namely the inherent value of each and every person, which we protect by upholding an ethical principle commonly known as the principle of respect for persons. It is for this reason that the violation of privacy cannot (only) be expressed in terms of harm. I further argue that the principle of respect for persons is consistent with, and in fact unthinkable without, some degree of privacy. -/- I reply to potential challenges to a value-based approach to data privacy by showing that (i) values and value trade-offs are fundamentally different from consequential benefits and cost-benefit analyses; (ii) the suspension of one value in favour of another is not inherently contradictory; what matters is morally defensible deliberation about values and valid individual consent; (iii) data privacy concerns cannot be reduced to other moral concerns and therefore deserve a specific, distinct protection. -/- Finally, because this is a thesis in applied ethics, I attempt an answer to the question as to how we ought to apply a value-based approach to practical data privacy concerns. I argue that a revised, three-pronged version of John Rawls’ reflective equilibrium, founded on the non-negotiable principle of respect for persons, is the best possible procedure to deliberate data privacy concerns in relation to other moral values. (shrink)

Data mining possess a significant threat to ethics, privacy, and legality, especially when we consider the fact that data mining makes it difficult for an individual or consumer (in the case of a company) to control accessibility and usage of his data. Individuals should be able to control how his/ her data in the data warehouse is being access and utilize while at the same time providing enabling environment which enforces legality, privacy and ethicality on data scientists, or data (...) engineer during data mining process. This paper review issues of legality, privacy, and ethicality in data mining, review processes of Data mining, and also proposes solution to current ethical and privacy issue in data mining. It introduces a new method which enforces data mining without infringing on the privacy of individual or consumer whose data are being used. The sole aim of this paper is to propose a new method of mining data which restricts scientists within the constraints of legality, privacy, and ethicality. (shrink)

In a recent article in Respublica, Jesper Ryberg argues that CCTV can be compared to a little old lady gazing out onto the street below. This article takes issue with the claim that government surveillance can be justified in this manner. Governments have powers and responsibilities that little old ladies lack. Even if CCTV is effective at preventing crime, there may be less intrusive ways of doing so. People have a variety of legitimate interests in privacy, and protection for these (...) is important to their status as free and equal citizens. Consequently, though necessary, effectiveness is insufficient to justify CCTV in a democracy. (shrink)

This article examines a fundamental question of justice in global health. Is it ethically preferable to provide a larger number of people with cheaper treatments that are less effective (or more toxic), or to restrict treatments to a smaller group to provide a more expensive but more effective or less toxic alternative? We argue that choosing to provide less effective or more toxic interventions to a larger number of people is favored by the principles of utility, equality, and priority for (...) those worst-off. Advocates are mistaken to demand that medical care provided in low-income and middle-income countries should be the same as in high-income countries. (shrink)

This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to autonomously form (...) their own independent conception of the good, rather than merely following others, culture must be democratically controlled. Equal respect for members of a liberal democracy requires that all citizens have roughly equal opportunities to do things like make movies, publish novels, and exhibit paintings. This article contends that the contemporary American legal order fails to guarantee that all cititizens have roughly equal opportunities to shape and influence their shared culture. Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to fill (...) this void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

Employers seeking to control employee behavior outside of working hours is nothing new. However, recent developments have extended efforts to control employee behavior into new areas, with new significance. Employers seek to control legal behavior by employees outside of working hours, to have significant influence over employee’s health-related behavior, and to monitor and control employee’s social media, even when this behavior has nothing to do with the workplace. In this article, I draw on the work of political theorists Jon Elster, (...) Gerald Gaus and Michael Walzer, and privacy scholars Daniel Solove and Anita Allen, to show what is wrong with this extension of employer control of employee’s outside of work behavior. I argue that there are ethical limits on the controls that employers may put on their employees’ out of work behavior, and that many of these limits should be enshrined into legal protections which would prevent employers from conditioning employment on the regulations criticized. -/- (Please note that the version of this paper on SSRN is a pre-publication version. Please cite and refer to the published version when possible.). (shrink)

James Rule is puzzled by the ‘idiosyncratic’ approach that I take to the philosophical study of privacy. As evidence for this idiosyncracy, he cites my relative indifference to the distinction between consequentialist and deontological perspectives on privacy although these differences are proof of ‘intricate, yet enormously consequential intellectual tensions’. My choice of philosophical topics is ‘unsystematic’ and more a reflection of my own ‘intellectual hobby-horses’ than a ‘well-worked-out view of what students most need to know’. Finally, Rule concludes, because ‘the (...) most important privacy questions are excruciating’, we need ‘more systematic guidance than is provided here’. I am grateful to the editors for the chance to respond to these complaints. (shrink)

Cécile Laborde proposes a liberal egalitarian view for a liberal state to adopt in its fair treatment of religious citizens. She suggests a method where state neutrality is applied restrictively and religion is “disaggregated” across standard liberal rights. Without recourse to a legal-political category religion, she responds to the problem of religious accommodation by using main elements of a particular liberal right(s) to account for the dimension of religion that an issue of justice makes salient. In reply to the problem (...) of state neutrality, she proposes that a liberal state can be non-neutral in its treatment of religious claims as long as religion is not a marker for social division, does not impose its comprehensive ethics, and provides publicly accessible reasons. I argue that adopting Laborde’s approach has conceptual and pragmatic advantages as a political strategy (modus vivendi) in resolving justice claims. However, its content-neutral and procedural framework partially meets the requirements of justice of religious citizens because of its egalitarian motivation. In adopting a minimal political conception of religion defined by elements of other liberal rights, the liberal state employs a narrow understanding of religion as a “collection” of beliefs and practices. This can result in religious citizens exercising partial or even distorted expressions of their religious identities. I suggest a conceptual refinement in Laborde’s theory if it aims at attracting endorsement from religious citizens as a reasonable conception of justice. I will survey some alternative frameworks and ideas (e.g. Raz value-based approach, Riordan’s capacity for truth argument) and build on their strengths. I propose vocation as a useful concept for a liberal state to employ in appropriately understanding and assessing religious commitment. My modest proposal presents a liberal understanding of religion-state relationship other than those framed in the themes of neutrality, toleration, exclusion, or limitation of practices. (shrink)

There is a natural story about what logic is that sees it as tied up with two operations: a ‘throw things into a bag’ operation and a ‘closure’ operation. In a pair of recent papers, Jc Beall has fleshed out the account of logic this leaves us with in more detail. Using Beall’s exposition as a guide, this paper points out some problems with taking the second operation to be closure in the usual sense. After pointing out these problems, I (...) then turn to fixing them in a restricted case and modulo a few simplifying assumptions. In a followup paper, the simplifications and restrictions will be removed. (shrink)

Background: Transgender health care is a subject of much debate among clinicians, political commentators, and policy-makers. While the World Professional Association of Transgender Health (WPATH) Standards of Care (SOC) establish clinical standards, these standards contain implied ethics but lack explicit focused discussion of ethical considerations in providing care. An ethics chapter in the SOC would enhance clinical guidelines. Aims: We aim to provide a valuable guide for healthcare professionals, and anyone interested in the ethical aspects of clinical support for gender (...) diverse and transgender people of all ages. Recognizing that the WPATH is a global association, we address broad challenges. We offer a reflection on general ethical principles, providing conceptual tools for healthcare providers, patients, and families to navigate the specific challenges they might encounter in transgender health care, in line with WPATH’s worldwide mission and scope. Method: This article employs a descriptive analysis, and our framework of reference is the four principles of biomedical ethics: respect for autonomy, beneficence, nonmaleficence, and justice. Results: The article presents a discussion on the four ethical principles as applied to transgender health care. We address issues such as respect for patient autonomy in decision-making, the role of beneficence and nonmaleficence in clinical interventions, and the importance of justice in equitable treatment and access to care. Some of the ethical concerns we address in this article pertain to the current sociopolitical climate, where there has been increasing legal interference, internationally, for transgender and nonbinary people, particularly youth, seeking medical care. Discussion: We highlight the interplay between ethical principles and clinical practice, underscoring the need for ethical guidance in addressing the diverse challenges faced by healthcare providers and patients in transgender health care. We advocate for continuous refinement of ethical thinking to ensure that transgender health care is not only medically effective but also ethically sound. (shrink)

Construed as a theory of justice, relational egalitarianism says that justice requires that people relate as equals. Construed as a theory of what makes democracy valuable, it says that democracy is a necessary, or constituent, part of the value of relating as equals. Typically, relational egalitarians want their theory to provide both an account of what justice requires and an account of what makes democracy valuable. We argue that relational egalitarians with this dual ambition face the justice-democracy dilemma: Understanding social (...) relations in such a way that renders relational egalitarianism plausible as an answer to what makes democracy valuable comes at the price of understanding social relations in a way that makes it less plausible as a theory of justice, and vice versa. We also argue that there is no easy way out of the dilemma and that relational egalitarians, who want relational equality to provide both accounts mentioned, may simply have to set their ambitions lower on behalf of relational equality. (shrink)

This paper argues that the plethora of experiments with decentralized social technologies (DSTs)—clusters of which are sometimes called “the Web 3.0 ecosystem” or “the Fediverse”—have brought us to a constitutional moment. These technologies enable radical innovations in social, economic, and political institutions and practices, with the potential to support transformative approaches to political economy. They demand governance innovation. The paper develops a framework of prudent vigilance for making ethical choices in this space that help to both grasp positive opportunities for (...) transformation and avoid the potentially problematic consequences. Most of our specific examples and concerns come from the blockchain/Web3 universe, as this has received the greatest investment, attention, and adoption to date. However, we aim to offer a framework for governance decision-making in conditions of uncertainty that applies more broadly to other DSTs. Specifically, under the framework of prudent vigilance, we propose a pragmatic, democratic, and pluralist approach to navigating bold experimentation with social practices and political economy enabled by these technologies. Our overarching goal is to provide a framework open to transformative improvement and constrained by guardrails and guiding values supportive of democracy, freedom, and pluralism. We take a relatively strong position, rather than simply laying out ethical issues and potential approaches. We seek to be provocative in order to spur further work and hope this paper will serve as a first bridge between academic philosophy and the DST community, which have hardly interacted to date. (shrink)

Our world is under going an enormous digital transformation. Nearly no area of our social, informational, political, economic, cultural, and biological spheres are left unchanged. What can philosophy contribute as we try to under- stand and think through these changes? How does digitization challenge past ideas of who we are and where we are headed? Where does it leave our ethical aspirations and cherished ideals of democracy, equality, privacy, trust, freedom, and social embeddedness? Who gets to decide, control, and harness (...) the powers of digitization and for which purposes? Epistemologically, do most of us understand these new mediations – and thus fabrics – of our new world? Lastly – how is the new technological landscape shaping not only our living conditions but also our collective imaginary and our self-identities? (shrink)

Carruthers argues that knowledge of our own propositional attitudes is achieved by the same mechanism used to attain knowledge of other people's minds. This seems incompatible with "privileged access"---the idea that we have more reliable beliefs about our own mental states, regardless of the mechanism. At one point Carruthers seems to suggest he may be able to maintain privileged access, because we have additional sensory information in our own case. We raise a number of worries for this suggestion, (...) concluding that Carruthers's new theory cannot clearly preserve the superior reliability of our beliefs about our own attitudes. (shrink)

Jc Beall has made several contributions to the theory of restricted quantification in relevant logics. This paper examines these contributions and proposes an alternative account of restricted universals. The alternative is not, however, a theory of relevant restricted universals in any real sense. It is, however, a theory of restricted universals phrased in the most plausible general quantificational theory for relevant logics—Kit Fine’s stratified semantics. The motivation both for choosing this semantic framework and for choosing the (...) particular theory of restricted quantification we use is because they are the best way of dealing with these topics from Beall’s theory-building theory picture of logic, establishing a second point of contact with Beall’s work. (shrink)

In the United States, the Presidential Commission for the Study of Bioethical Issues has proposed deliberative democracy as an approach for dealing with ethical issues surrounding synthetic biology. Deliberative democracy might similarly help us as we update the regulation of human subjects research. This paper considers how the values that deliberative democratic engagement aims to realize can be realized in a human subjects research context. Deliberative democracy is characterized by an ongoing exchange of ideas between participants, and an effort to (...) justify decisions that bind participants by appeal to reasons that the participants can understand and share. Even when unanimous agreement is not reached, the active participation of everyone along with the requirement that reasons be made accessible enhances the legitimacy of the ultimate outcome. Importantly, deliberative democratic structures avoid strict hierarchies and place participants, as much as possible, in the position of equals. Human subjects research has some features that may make deliberative democratic principles seem initially unappealing. For one, there are asymmetries in knowledge between expert researchers conducting the research and participants in the research process. For another, statistical validity is made easiest by research paradigms that produce standardized, quantitative data, which can be difficult to achieve if research participants are given the power to deliberatively reshape the research design as it progresses. These and other problems have tended to produce a human subjects research process where subjects do not actively participate in shaping research, but rather consent to a predefined set of interventions designed by expert researchers and vetted by Institutional Review Boards (IRBs). In this paper, I suggest some ways in which human subjects research could do more to realize deliberative democratic values, and, in particular, how a revised Common Rule might help to realize these values. First, research participants could be treated not as passive subjects but instead involved in research design, ethical review, and the ongoing conduct and dissemination of research. Such participation might involve, for instance, including people who have served as research subjects on IRBs, or replacing IRB oversight for certain forms of research exempted from IRB oversight under a revised Common Rule with oversight by a body of community members or research subjects. It might also involve having the oversight of research that uses more participatory models be more participatory and less hierarchical in nature. I also raise questions about the exemption of research on public benefit programs from any research-level oversight and from consent requirements. While IRBs are likely not the correct overseers, there may be good reason to view such research with a critical eye, because of its potential for long-range impacts on the lives of participants. By giving research subjects a greater voice in research that aims at fine-tuning public benefit programs on which subjects rely, a deliberative oversight process has the potential to recast research participation as a form of active democratic participation and to address a “democratic deficit” in public health. Numerous proposals regarding health care have called for greater participation by laypeople and a more nonhierarchical approach to setting health priorities. Involving lay research subjects in the conduct of public benefits research and other forms of public health research may help to further these goals. (shrink)

Discursive liberal democracy might not be the best of all possible forms of government, yet in Europe it is largely accepted as such. The attractors of liberal democracy (majority rule, political equality, reasonable self-determination and an ideological framework built in a tentative manner) as well as an adequate dose of secularization (according to the doctrine of religious restraint) provide both secularist and educated religious people with the most convenient ideological framework. Unfortunately, many promoters of ideological secularization take too strong a (...) stance against the manifestation of religiosity in the public sphere. They claim that people may discuss, debate or adopt (coercive) laws and regularities only by means of secular public reasons and secular motivation. We argue that these secular restraints on the ideological framework are unfairly biased against religion, counterproductive and unreasonable. The exaggerated secular restrictions create a strict secular public sphere that appears to be a Pickwickian world suitable just for inoffensive, dull and lethargic people. Deliberately separated from the idea of truth, secular public reasons cannot sustain a complex adaptive system like discursive liberal democracy. Liberal democracy needs citizens with a strong sense of truth and with a sufficient will-power to follow both a personal ideal and a collective ideal. Religious beliefs provide people with just such a sense of truth and with the desire to have a certain kind of character. In the secularized public sphere of liberal democracy, people can manifest just educated religious beliefs that correspond to the real world and respect the principle of peaceable conduct. In the final part of the article we support the assertion that believers could and should educate their religious belief before expressing them in the public sphere. Educated religious beliefs have a wide enough propositional content, obey the moral imperative of William Clifford, are purged from all propositional components against which there is strong evidence and are consciously cultivated by the mechanism of suggestion. (shrink)

This paper aims to provide a roadmap to AI governance. In contrast to the reigning paradigms, we argue that AI governance should not be merely a reactive, punitive, status-quo-defending enterprise, but rather the expression of an expansive, proactive vision for technology—to advance human flourishing. Advancing human flourishing in turn requires democratic/political stability and economic empowerment. Our overarching point is that answering questions of how we should govern this emerging technology is a chance not merely to categorize and manage narrow risk (...) but also to construe the risks and opportunities much more broadly, and to make correspondingly large investments in public goods, personnel, and democracy itself. To lay out this vision, we take four steps. First, we define some central concepts in the field, disambiguating between forms of technological harms and risks. Second, we review normative frameworks governing emerging technology that are currently in use around the globe. Third, we outline an alternative normative framework based in power-sharing liberalism. Fourth, we walk through a series of governance tasks that ought to be accomplished by any policy framework guided by our model of power-sharing liberalism. We follow these with proposals for implementation vehicles. (shrink)

In this paper I argue that selection of the best theory of content is not a matter for mere philosophical reflection on the consequences of each theory for our intuitive judgments about content. Rather, the theories must be judged in a different way that is based on the putative roles of content attribution in the behavioural sciences. The ultimate test of any theory of content will be the success of the sciences that adopt it. Furthermore, alternative semantic theories may be (...) seen as complementary rather than antagonistic. Different approaches to content specification may well be compatible, reflecting different but perhaps equally legitimate explanatory goals. (shrink)

Ambient assisted living technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap (...) between high-income countries and low and middle-income countries. Legal aspects mainly refer to the adherence to existing legal frameworks and cover issues related to product safety, data protection, cybersecurity, intellectual property, and access to data by public, private, and government bodies. Successful privacy-friendly AAL applications are needed, as the pressure to bring Internet of Things devices and ones equipped with artificial intelligence quickly to market cannot overlook the fact that the environments in which AAL will operate are mostly private. The social issues focus on the impact of AAL technologies before and after their adoption. Future AAL technologies need to consider all aspects of equality such as gender, race, age and social disadvantages and avoid increasing loneliness and isolation among, e.g. older and frail people. Finally, the current power asymmetries between the target and general populations should not be underestimated nor should the discrepant needs and motivations of the target group and those developing and deploying AAL systems. Whilst AAL technologies provide promising solutions for the health and social care challenges, they are not exempt from ethical, legal and social issues. A set of ELSI guidelines is needed to integrate these factors at the research and development stage. (shrink)

The meaning of privacy has been frequently disputed in the philosophical and -/- legal literature since Warren and Brandeis first argued for it as a distinct and -/- important personal and social value. Nevertheless, while the meaning of privacy -/- is held to be vague, there is general agreement that Warren and Brandeis were -/- correct in their assessment of its value. Theorists of democracy, on the other hand, -/- have been ambivalent towards the realm of the private. This paper (...) interrogates the -/- intersection between privacy and democracy, questioning the place of privacy as a -/- distinctly democratic value. (shrink)

There is an ongoing discussion among scholars as well as among the public about whether liberal democracies should have laws against hate speech. Proponents of hate speech laws argue that these laws play a crucial part in liberal democracies since they help ensure the protection of basic rights, such as every citizen being treated equally with respect. Opponents of hate speech laws, on the other hand, argue that hate speech laws are a threat to freedom of (political) speech and that, (...) hence, these laws are illegitimate in a liberal democracy. I argue that hate speech laws can actually work both as a protection for minority groups, while at the same time also as a defence against unreasonable demands for restrictions on (political) speech. Further, I argue that laws against hate speech are an expression of democratic formation, meaning that the respect for, and protection of, minorities should be an inherent part of an enlightened and educated modern democracy. I present an argument from democratic formation, which builds on foundational pillars of democracy such as dignity, civility, equality, and critical thinking. I hold that phenomena like cancel culture and ‘extreme political correctness’ are a result of a tendency towards the decline of democratic formation in modern society in general – something, which springs from, inter alia, decades of a growing focus on technological development, while at the same time a decreasing focus on critical thinking in the educational system. (shrink)

By Martin Roderick & Jacquelyn Allen-Collinson -/- To date, no sociological studies of professional athletes have investigated the lived experiences of sportspeople in highly publicly-visible occupations that provide relatively few opportunities for back-stage relaxation from role demands. Drawing on findings from a British Academy-funded project examining high-profile sports workers, and employing Goffman’s dramaturgical insights, this article provides a novel examination of high-profile athletes who work in highly publicly visible contexts. This working context can render them ‘open’ persons in interactional (...) situations. To explore this sociologically significant occupational domain, interviews were conducted with 26 UK-based professional athletes (female and male) from seven different sports. For these athletes, dramaturgical demands were found to be relentless and unremitting, as back-stage regions proved so challenging to access. -/- . (shrink)

The history of philosophy is replete with attempts at invoking rationality as a means of directing and even subduing human desire and emotion. Understood as that which moves human beings to action, desire and emotion come to be associated with human freedom and rationality as a means of curbing that freedom. Plato, for instance, takes for granted a separation between thought and action that drives a wedge between our rational ability to exercise self-discipline and the free expression of desire and (...) emotion. Hobbes, on the other hand, replaces our internal ability for rational self-control with the external authority of the political State. So long as freedom and control are pitted against one another, human beings are incapable of attaining a symbiosis of these two elements of human action so essential to realizing true democracy. Unlike Plato, John Dewey sees in democracy the greatest potential for individual and social life. The purpose of this dissertation is to demonstrate how the educational philosophy of Dewey, which culminates in an educational aesthetic, appeals to and makes the most of the symbiosis of freedom and self-control, emotion and reason. Dewey’s educational aesthetic not only offers an alternative to traditional methods of education, but also demonstrates how the goal of a democratic way of life is made feasible by means of intelligently guided self-discipline—a form of self-control guided by intelligence that is not a constraint upon freedom, but instead embodies greater opportunity for freedom. I trace the basis for this synthesis, in the social-political and pedagogical principles of John Locke and Jean-Jacques Rousseau. Both Locke and Rousseau offer educational theories that begin turning our attention toward the essential partnership required of rationality and emotion. Dewey's educational aesthetic is then considered as a response to alienating forms of education that continue to pit control and freedom against one another, and which thwart the intellectual and emotional development necessary for autonomy and democratic forms of social organization. (shrink)

Because factory-farmed meat production inflicts gratuitous suffering upon animals and wreaks havoc on the environment, there are morally compelling reasons to become vegetarian. Yet industrial plant agriculture causes the death of many field animals, and this leads some to question whether consumers ought to get some of their protein from certain kinds of non factory-farmed meat. Donald Bruckner, for instance, boldly argues that the harm principle implies an obligation to collect and consume roadkill and that strict vegetarianism is thus immoral. (...) But this argument works only if the following claims are true: all humans have access to roadkill, roadkill would go to waste if those who happen upon it don’t themselves consume it, it’s impossible to harvest vegetables without killing animals, the animals who are killed in plant production are all-things-considered harmed by crop farming, and the best arguments for vegetarianism all endorse the harm principle. As I will argue in this paper, each claim is deeply problematic. Consequently, in most cases, humans ought to strictly eat plants and save the roadkill for cats. (shrink)

What motivated an absolutist Erastian who rejected religious freedom, defended uniform public worship, and deemed the public expression of disagreement a catalyst for war to endorse a movement known to history as the champion of toleration, no coercion in religion, and separation of church and state? At least three factors motivated Hobbes’s 1651 endorsement of Independency: the Erastianism of Cromwellian Independency, the influence of the politique tradition, and, paradoxically, the contribution of early-modern practices of toleration to maintaining the public sphere’s (...) religious uniformity. The third factor illustrates how a key function of the emerging private sphere in the early-modern period was to protect uniformity, rather than diversity; it also shows that what was novel was not so much the public/private distinction itself, but the separation of two previously conflated dimensions of publicity – visibility and representativeness – that enabled early-modern Europeans to envisage modes of worship out in the open, yet still private. (shrink)