At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a (...) right to an abortion, there are reasons to doubt that there is a right to the death of the foetus. Our strategy in this essay is to consider and reject three arguments in favour of this latter right. The first claims that women have a right not to be biological mothers, the second that women have a right to genetic privacy, and the third that a foetus is one's property. Furthermore, we argue that it follows from rejecting the third claim that genetic parents also lack a right to the destruction of cryopreserved embryos used for in vitro fertilization. The conclusion that a woman possesses no right to the death of the foetus builds upon the claims that other pro-choice advocates, such as Judith Jarvis Thomson, have made. (shrink)

Most people do not know there are different kinds of medical studies; some are conducted on people who already have a disease or medical condition, and others are performed on healthy volunteers who want to help science find answers. No matter what sort of research you are invited to participate in, or whether you are a patient when you are asked, it’s entirely up to you whether or not to do it. This decision is important and may have many implications (...) for your health and well-being, as well as those of other patients now and in the future. Making a good decision – the right one for you – requires you to become educated about topics you may not have thought about before, some of which may be quite complicated. This chapter explains the key issues to help you make a good decision. (shrink)

Infant feeding decisions are highly emotionally charged. I argue elsewhere that many problems surrounding infant feeding decisions result from a moralized context created by mistakes in our assumptions about maternal duties including the mistaken assumption that mothers have a defeasible moral duty to breastfeed. Mothers have a reason, but not a moral duty to breastfeed. Even those who are convinced by my argument in the case of full-term babies, might find it harder to accept in the case of premature babies. (...) It might seem that mothers do have a defeasible moral duty to breastfeed or, as is more likely to be appropriate in such cases, to express breastmilk. Here, I explain why preterm neonates present a tricky case for the right not to breastfeed. I show why, nonetheless, moral pressure for mothers to express breastmilk in the neonatal unit is neither permissible nor pragmatically advisable. I argue that instead we should address structural barriers to providing breastmilk and support donor milk initiatives. (shrink)

The standard of care in the United States favors stabilizing any adult who arrives in an emergency department after a failed suicide attempt, even if he appears decisionally capacitated and refuses life-sustaining treatment. I challenge this ubiquitous practice. Emergency clinicians generally have a moral obligation to err on the side of stabilizing even suicide attempters who refuse such interventions. This obligation reflects the fact that it is typically infeasible to determine these patients’ level of decisional capacitation—among other relevant information—in this (...) unique setting. Nevertheless, I argue, stabilizing suicide attempters over their objection sometimes violates a basic yet insufficiently appreciated right of theirs—the right against bodily invasion. In such cases, it is at least prima facie wrong to stabilize a patient who wants to die even if they lack a contrary advance directive or medical order and suffer from no terminal physical illness. (shrink)

What can we know if we take sceptical worries such as the Münchhausen trilemma seriously? Quite a lot, actually - if the world is a certain way, namely if transcendent mediocrity is the case.

Is testimony a legitimate source of aesthetic belief? Can I, for instance, learn that a film is excellent on your say-so? Optimists say yes, pessimists no. But pessimism comes in two forms. One claims that testimony is not a legitimate source of aesthetic belief because it cannot yield aesthetic knowledge. The other accepts that testimony can be a source of aesthetic knowledge, yet insists that some further norm prohibits us from exploiting that resource. I argue that this second form of (...) pessimism has certain advantages over the first. I offer two candidates for the non-epistemic norm that, on this view, stands in the way of our taking aesthetic testimony. And I argue that this form of pessimism meets a challenge to pessimism in general – that of explaining why, if testimony cannot be a legitimate source of aesthetic belief, we can nonetheless rightly rely on the aesthetic recommendations of others. (shrink)

Rather infamously, Kit Fine provided a series of counter-examples which purport to show that the modalist program of analysing essence in terms of metaphysical necessity is fundamentally misguided. Several would-be modalists have since responded, attempting to save the position from this Finean Challenge. This paper evaluates and rejects a trio of such responses, from Della Rocca, Zalta, and Gorman. But I’m not here arguing for Fine’s conclusion – ultimately, this is a fight amongst friends, with Della Rocca, Zalta, Gorman, and (...) I all wanting to be modalists, but disagreeing on the details. As such, while my primary aim is to show what’s wrong with this trio, the secondary aim is demonstrating how what’s right about them in fact pushes one towards my own sparse modalist account. So while the primary conclusion of this paper is negative, the secondary, positive, conclusion is that modalists shouldn’t give up hope – plausible responses to Fine are still out there. (shrink)

Imagine a case of wrongdoing—not something trivial, but nothing so serious that adequate reparations are impossible. Imagine, further, that the wrongdoer makes those reparations and sincerely apologizes. Does she have a moral right to be forgiven? The standard view is that she does not, but this paper contends that the standard view is mistaken. It begins by showing that the arguments against a right to be forgiven are inconclusive. It ends by making two arguments in defense of that (...) right. (shrink)

It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint (...) of the two main theories of rights—the will and the interest conceptions. The right to be punished is shown to be largely indefensible on both accounts: on the will theory, the right to be punished conflicts with autonomy, and it can neither be claimed nor waived by a perpetrator; on the interest theory, a perpetrator’s interest in punishment, inasmuch as it exists, is not sufficient to ground a duty on the part of the state. (shrink)

The “Right to be forgotten” lies at the heart of the infosphere debate. It embodies how mature information societies cope and deal with their memories. As such, it has become a defining issue of our time. Drawing on the author’s experience as a member of the Google Advisory panel, this paper discusses some of the salient points of the “Right to be forgotten” discourse, including: privacy vs. freedom of speech and availability vs. accessibility of information. It argues that, (...) while there should be no removal of past information, steps must be taken to ensure that this is not constantly, or unnecessarily, recalled. (shrink)

Is there a right or wrong way to play a game? Many think not. Some have argued that, when we insist that players obey the rules of a game, we give too much weight to the author’s intent. Others have argued that such obedience to the rules violates the true purpose of games, which is fostering free and creative play. Both of these responses, I argue, misunderstand the nature of games and their rules. The rules do not tell us (...) how to interpret a game; they merely tell us what the game is. And the point of the rules is not always to foster free and creative play. The point can be, instead, to communicate a sculpted form of activity. And in games, as with any form of communication, we need some shared norms to ground communicative stability. Games have what has been called a “prescriptive ontology.” A game is something more than simply a piece of material. It is some material as approached in a certain specified way. These prescriptions help to fix a common object of attention. Games share this prescriptive ontology with more traditional kinds of works. Novels are more than just a set of words on a page; they are those words read in a certain order. Games are more than just some software or cardboard bits; they are those bits interacted with according to certain rules. Part of a game’s essential nature is the prescriptions for how we are to play it. What’s more, we investigate the prescriptive ontology of games, we will uncover at least distinct prescriptive categories of games. Party games prescribe that we encounter the game once; heavy strategy games prescribe we encounter the game many times; and community evolution games prescribe that we encounter the game while embedded in an ongoing community of play. (shrink)

Many people believe that the abortion debate will end when at some point in the future it will be possible for fetuses to develop outside the womb. Ectogenesis, as this technology is called, would make possible to reconcile pro-life and pro-choice positions. That is because it is commonly believed that there is no right to the death of the fetus if it can be detached alive and gestated in an artificial womb. Recently Eric Mathison and Jeremy Davis defended this (...) position, by arguing against three common arguments for a right to the death of the fetus. I claim that their arguments are mistaken. I argue that there is a right to the death of the fetus because gestating a fetus in an artificial womb when genetic parents refuse it violates their rights not to become a biological parent, their rights to genetic privacy and their property rights. The right to the death of the fetus, however, is not a woman's right but genetic parents’ collective right which only can be used together. (shrink)

Integrity is often conceived as a heroic ideal: the person of integrity sticks to what they believe is right, regardless of the consequences. In this article, I defend a conception of ordinary integrity, for people who either do not desire or are unable to be moral martyrs. Drawing on the writings of seventeenth century thinker Huang Zongxi, I propose refocussing attention away from an abstract ideal of integrity, to instead consider the institutional conditions whereby it is made safe not (...) to be servile. (shrink)

Abstract: This essay examines the thoughts and actions of the eponymous hero Hamlet of Shakespeare's tragedy from the perspective of existential philosophy. The death of his father, the prompt remarriage of his mother and Ophelia's rejection of his love are interpreted as Jaspersian boundary situations. Burdened with the responsibility to avenge his father's murder, Hamlet faces an existential dilemma of either being a dutiful son or being true to himself. As he loses faith in the goodness of the world (...) and confronts death, Hamlet enters a protracted phase of foundering, suffused with despair and self-loathing. The customary rational way of thinking fails him and his soul becomes shipwrecked. But this is also the beginning of Hamlet's journey toward authentic selfhood and becoming the Existenz that he potentially is. Affirming life with all of its absurdity in a moment of transcendence, he attains a kind of happiness that Camus addresses in The Myth of Sisyphus. Keywords: Hamlet; Jaspers, Karl; Kierkegaard, Søren; Nietzsche, Friedr. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In (...) contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

Mary Wollstonecraft argues that women must be independent citizens, but that they cannot be that unless they fulfill certain duties as mothers. This is problematic in a number of ways, as argued by Laura Brace in a 2000 article. However, I argue that if we understand Wollstonecraft's concept of independence in a republican, rather than a liberal context, and at the same time pay close attention to her discussion of motherhood, a feminist reading of Wollstonecraft is not only possible but (...) enriching. I will attempt to show, in particular, that the seeds of a feminist argument for co-parenting are to be found in the Vindication of the Rights of Woman. (shrink)

This paper provide the first extended discussion in the philosophical literature of the epistemic significance of the phenomenon of “being known” and the relationship it has to reparations that are distinctively epistemic. Drawing on a framework provided by the United Nations of the “right to know,” it is argued that victims of gross violations and injustices not only have the right to know what happened, but also the right to be known—to be a giver of knowledge to (...) others about their own experiences. It is shown that such victims can suffer epistemic wrongs by being rendered invisible, vilified or demonized, or systematically distorted, and that these ways of not being known demand epistemic reparations. While there are traditional reparations that are epistemic in nature, such as memorialization and education, it is argued that there is a prior and arguably more important epistemic reparation—knowing victims of gross violations and injustices in the sense of bearing witness. The paper concludes with a sketch of an epistemological picture to underwrite this notion of epistemic reparations, one that significantly expands the traditional picture by including epistemic duties that are imperfect in nature and concern actions in addition to beliefs. (shrink)

A significant proportion of child protection cases involve care-experienced mothers, which reveals a continuous cycle of mothers who lose their children to social services after having been in state care themselves as children. While the importance of protecting children requires little explanation and forms the justificatory basis for child protection interventions, it is important to remember that care-experienced mothers were once children entrusted to the state’s care, and who arguably have been failed by the state in that their parenting opportunities (...) are significantly reduced. This paper aims to address this underexplored dilemma between protecting children and safeguarding mothering opportunities for care-experienced mothers. Appealing to the concept of solidarity, I argue that the state has an obligation to increase its compensatory efforts to secure the right of care-experienced women to not only become parents but to be able to be parents, with the aim of breaking the cycle of care experience. (shrink)

It may be tempting for breastfeeding advocates to respond to challenges to breastfeeding older children or breastfeeding in public by pointing out the nutritional or developmental benefits of breastfeeding or by noting that breastfeeding is often extremely discreet. Such responses may concede more than they should: by focusing on rebutting the empirical claim, breastfeeding supporters may end up implicitly accepting two presuppositions about breastfeeding: first, the presupposition that breastfeeding requires justification in terms of health or developmental benefits to the child; (...) second, the presupposition that breastfeeding in public is only acceptable if assumed standards of discretion are met. -/- This paper aims to use the methods of analytic philosophy to: (a) show how, if left unchallenged, these implicit assumptions can become part of the pragmatic presuppositions of the conversation, so that the discussion proceeds taking their acceptance for granted; (b) argue that we can expect these presuppositions to have negative effects on all mothers, no matter how they feed their babies, and on the tenor of public discussion of infant feeding; (c) reconstruct the reasoning that might underlie these presuppositions and show that this reasoning is mistaken; (d) show that recognising breastfeeding as a family way of life and a loving interaction between parent and child gives rise to a moral right to breastfeed in public without social sanction, whether one is able to breastfeed discreetly or not. (shrink)

Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that it (...) is obligatory to override a woman’s bodily autonomy for the sake of an unborn child’s survival, we must continue to override the bodily autonomy of parents to ensure the survival of their living children, until the parent no longer has a special obligation to their child to the same degree as their special obligation to the fetus. And if the life of a child is truly more important than the bodily autonomy of its parents, as must be the case to force women to carry unwanted pregnancies to term, this should remain true until such a time that their children are no longer considered their responsibility. Thus, parity of reasoning suggests that policies compelling the gestation of a fetus should be accompanied by policies compelling organ donation. (shrink)

As engineers propose constructing humanlike automata, the question arises as to whether such machines merit human rights. The issue warrants serious and rigorous examination, although it has not yet cohered into a conversation. To put it into a sure direction, this paper proposes phrasing it in terms of whether humans are morally obligated to extend to maximally humanlike automata full human rights, or those set forth in common international rights documents. This paper’s approach is to consider the ontology of humans (...) and of automata and whether ontological difference between them, that pertains to the very bases of human rights, affects the latter’s claims to full human rights. Considering common bases of human rights, can these bases tell us whether a certain ontological distinction of humans from automata—or a de facto distinction about humans tacitly acknowledged by full-rights-recognizing societies—makes a difference in whether humans are morally obligated to assign these entities full rights? Human rights to security also arise. The conclusion is that humans need not be under any moral obligation to confer full human rights on automata. The paper’s ultimate point is not to close the discussion with this ontological cap but to set a solid moral and legal groundwork for opening it up tout court. (shrink)

During long-term refugee displacements, it is common for the refugees’ country of origin to be called on to recognize a right of return. A long-standing tradition of philosophical theorizing is sceptical of such a right. Howard Adelman and Elazar Barkan are contemporary proponents of this view. They argue that, in many cases, it is not feasible for entire refugee populations to return home, and so the notion of a right of return is no right at all. (...) We can call Adelman and Barkan’s view the feasibility objection. Many defenders of rights will deny that empirical facts such as the kind to which Adelman and Barkan appeal are relevant to determining whether a moral entitlement amounts to a right. In contrast, I offer a response to the feasibility objection that does admit the relevance of facts. In my view, considerations of feasibility do matter when determining what rights human beings possess. Nevertheless, the feasibility objection is undone by its failure to acknowledge a distinction between two different kinds of feasibility constraints. ‘Hard’ constraints include logical, nomological and biological considerations. ‘Soft’ constraints include political, cultural and institutional factors. A necessary condition of a moral entitlement achieving the status of a right, I argue, is that it be feasible in the hard sense. Crucially, however, a right need not always be feasible in the soft sense. Refugees can have rights that it is not currently possible to implement politically. (shrink)

Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This essay addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinite regress is actually a wholly unproblematic form of infinite recursion. First, the nature of the Hohfeldian recursion is demonstrated. It is shown that infinite recursions (...) of legal positions ensue regardless of whether inalienable rights exist or not. Second, the alleged problems that this might pose for the analysis are discussed. The conclusion is that one should not worry about the recursion as long as one understands correctly the role of the Hohfeldian analysis in normative reasoning. (shrink)

Trans rights advocacy is a social justice movement that is transforming language practices relating to gender. Research has highlighted the fact that language which constructs gender as binary harms trans people, and some trans studies researchers have developed guidelines for honouring trans people’s names and pronouns. The language of academic writing is an area of discussion where questions of trans rights and trans experiences have not yet been addressed. This paper draws on two data sources to explore the citation experiences (...) and practices of trans scholars and activists: a web-based archive of writers’ perspectives built between 2015 and 2016; and a corpus-based study of 14 research articles published in TSQ: Transgender Studies Quarterly. Our analysis highlights the sensitivity that is required of colleagues who work with transgender authors’ writing, furthering our understanding of citation as a collaborative and potentially intimate and caring practice. Practices of referring to work by trans scholars pose ethical questions about the social relations expressed in citation in general, enabling applied language scholars to develop a new and different awareness of the sociality of citation. (shrink)

During the second half of the 20th century education has been recognized as a human right in several international conventions, and the UN also holds that “Education shall be free” and that “Elementary education shall be compulsory” (UN, 1948, Article 26). The education-as-a-human right-project could be viewed as a good intention of global inclusion in recognizing that all individuals have a right to education in virtue of being humans, and the idea of education as a human (...) class='Hi'>right thus has a tremendous global significance. However, if we look at this more critically, the education-as-a-human right-project, may not only be grounded in altruistic good intensions for the disadvantaged. The term “elementary education”, or sometimes “primary education”, which is used in several human rights-documents seems to suggest that it is some sort of formalized education. It would be useful however to make a distinction between formal and informal education, as well as between teaching, learning, education and schooling, in the discussion of the right to education and specifically in the discussion concerning education as a “human right”. There is obviously a difference between the right to teach, the right to learn, the right to education and the right to schooling. And how are these rights related to compulsory schooling, compulsory education and the supposed duty to teach and duty to learn? A further concern is what makes this a human right rather than for example a juridical right as a citizen. By addressing these questions within a theoretical framework of social ontology and ameliorative conceptual analysis I believe that we can find new ways of dealing with fundamental problems within philosophy of education such as the nature, purpose and aims of education as well as the right to education. (shrink)

Defences of inference to the best explanation (IBE) frequently associate IBE with scientific realism, the idea that it is reasonable to believe our best scientific theories. I argue that this linkage is unfortunate. IBE does not warrant belief, since the fact that a theory is the best available explanation does not show it to be (even probably) true. What IBE does warrant is acceptance: taking a proposition as a premise in theoretical and/or practical reasoning. We ought to accept our best (...) scientific theories since they are the theories that are most likely to lead to the goal of science, which is that of knowledge. In support of this claim I invoke Bill Lycan's Panglossian reflections regarding Mother Nature.1. (shrink)

"The Mind is not a Vessel to be Filled but a Fire to be Kindled", and "Education is Not the Filling of Pail But the Lighting of a Fire", and ... Something About a Horse ... You can lead a horse to water, but you can’t make it smile? Because of the long face and all? (No, that can’t be it). Anyway, borrowing a bit from Plutarch and Yeats (maybe, there is no agreement on whether he said that about pails (...) and fires), and some idiom from 12th Century Old English about horses walking on water, I assume, we can glean the following gem: learning requires active participation by learners. It is almost embarrassing to have to write that, but here we are with education today, mostly unloading facts into unlit receptacles. This doesn’t work, and not just because the metaphor is mixed. Genuine learning requires focus, which requires motivation, which is cultivated by interest, which needs curiosity, which is not something teachable through the typical educational curricula. I can, as Aristotle tells us, teach students the basics of some ethical theory, but I cannot make them virtuous. Ah-ha! I can lead a horse to water, but I can’t make it abide by the categorical imperative (No, that’s not quite right. Although it’s true--most horses are utilitarians). One way that seems to work in piquing student interest in learning philosophy is to use humor as you make the case that a philosophical attitude is very similar to a humorous attitude. Both rely heavily on questioning our collective presuppositions, both cultivate rational skepticism, and both are never content with accepting traditions and values that are mindlessly received. I’ve got it now: You can lead a horse to water, but you can’t make it an iconoclast! (still not it). Friedrich Nietzsche published a book in 1889 titled Twilight of the Idols: Or How to Philosophize with a Hammer. This was during his most frenetic and fecund period, just before the syphilis set in rendering him somewhat less than his lauded Ubermensch. The “Idols” for Nietzsche were “false gods” or the ubiquitous errors that philosophy should expose. He is likely borrowing (without citation!) from sir Francis Bacon, whose “idols” are fetishes which can divert us from the pursuit of truth. Learning is hard, but it doesn’t have to be gloomy, hence, I advocate for a different sort of hammer to act as a “tuning-fork” sounding out the hollow and dangerous idols handed down to us that have passed for sagacity. (shrink)

Jimmy expresses sympathy for Scanlon’s contractualism but wonders whether it might be better developed in the context of a Humean expressivism. Jimmy presses this point, in part, by observing that much of what Scanlon wants to say about moral and normative discourse, such as their logical discipline and apparent truth-aptitude, can be accommodated by the expressivist. If all that Scanlon wants to say about moral and normative discourse can be accommodated by the expressivist then what content can be given to (...) his denial of expressivism, to his commitment to a cognitive understanding of moral judgment and judgments of reasons? The appearance of a genuine dispute between Scanlon and the expressivist can seem to slip quietly out of view. In this reply I will focus in detail on one strand of Scanlon’s thought that raises difficulties for the expressivist model that Jimmy favors. The point is to emphasize that there is indeed a genuine dispute between Scanlon and the expressivist and to suggest, tentatively, that Scanlon’s contractualism might require its present cognitive development. (shrink)

The growth and development of children are closely related to the role of a mother, not a few mothers, and having the task of caring for children and working women, which will lead to suboptimal childcare. At this time, many android-based information system facilities that can be used to streamline child care for a mother who is a working woman. This study aimed to provide an overview and ideas of using android-based digital media in childcare to maximize children's (...) growth and development for working mothers with a literature review method. From the study results and review of 10 selected journals, it was concluded that for parents of workers who cannot maximize childcare time or parenting time, many applications could facilitate parents to monitor the child's growth and development safely. The development of a child health nursing management information system can include healthy children, sick children, education, environment, and parenting patterns. The implication of developing a child health nursing management information system during parenting is very useful ad preventive and promotive action in children’s health. Child nurses can effectively, efficiently, quickly, and accurately identify problems that arise in the preventive process so that they are expected to make nursing interventions that are also right on target. (shrink)

According to buck-passers about art, such as Dominic Lopes, every work of art belongs to some art. I distinguish two versions of the buck-passing theory of art—what I call the double-buck-passers’ (DBP) view and the single-buck-passers’ (SBP) view—and point out that Lopes’s view is an instance of the latter. Then I argue the SBP view faces a dilemma, each horn of which leads to trouble. In doing so, I explore uncharted territory: the implications of vagueness for theories of art. I (...) conclude that buck-passers should not be single-buck-passers. (shrink)

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...) discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that reproductive choice cases illustrate the limitations of libertarian paternalism. Where choices are politicized or intimate, as reproductive choices often are, nudges become not much easier to justify than traditional mandates or prohibitions. Even beyond the context of reproductive choice, it is not obvious how much easier nudges are to justify than bans or mandates. -/- Part I of this Article briefly introduces Sunstein and Thaler's libertarian paternalism. Part II then turns to the context of reproductive choice. Part II.A reviews restrictions on the right to choose an abortion-particularly post-Casey regulations such as waiting periods, requirements that women receive certain types of information, and requirements that women undergo ultrasound-that pitch themselves as steering choice without entirely closing off the right to choose an abortion. This distinction between nudges and prohibitions echoes Sunstein and Thaler's proposals, but works to subordinate women's choices to the judgment of (often male) experts and administrators-hence my term "libertarian patriarchalism." Part II.B reviews efforts to nudge women-particularly teenagers, HIV-positive women, and others thought to be unsuitable mothers-to avoid pregnancy. -/- Part III considers the normative implications of nudging reproductive decisions. In Part III.A, I argue that the political nature of reproductive choices presents a problem for nudges. I do so by considering a parallel with voting rights. Empirical research shows that voters are more likely to choose the candidate listed first on the ballot. Yet we do not empower the administrator in charge of ballot design to choose a default rule that nudges individuals toward the candidate he sincerely believes would promote choosers' welfare. Given the political nature of reproductive choices, a policymaker's attempting to nudge reproductive decisionmaking in the direction he prefers-or indeed in any direction-fails to show adequate respect for the chooser's agency. In Part III.B, I offer an argument that targets the use of nudges in the context of pregnancy. Finally, in Part III.C, I argue that nudges do not merely add choices to an existing menu, but change the substantive choices available to individuals and thereby impose more-than-trivial costs on them. I conclude by exploring the implications of my arguments for nudges more generally. (shrink)

Affect-based theorists and life satisfaction theorists disagree about the nature of happiness, but agree about this methodological principle: a philosophical theory of happiness should be in line with the folk concept HAPPINESS. In this article, we present two empirical studies indicating that it is affect-based theories that get the folk concept HAPPINESS right: competent speakers judge a person to be happy if and only if that person is described as feeling pleasure/good most of the time. Our studies also show (...) that the judgement that a person is feeling pleasure/good most of the time reliably brings about the judgement that they are satisfied with their life, even if that person is described as not satisfied. We suggest that this direct causal relation between the concepts POSITIVE AFFECT and LIFE SATISFACTION might explain why many philosophers have been attracted to life satisfaction theories. (shrink)

In this paper, I would like to argue that brain-dead small children have a natural right not to be invaded by other people even if their organs can save the lives of other suffering patients. My basic idea is that growing human beings have the right to grow in the form of wholeness, and dying human beings also have the right to die in the form of wholeness; in other words, they have the right to be (...) protected from outside invasion, unless they have declared their wish to abandon that right beforehand. I call this the principle of wholeness. Natural rights, which were discussed by Hobbes and Locke in the 17th century, have to be extended to include the right to grow and die in the form of wholeness in the age of scientific civilization, where peripheral human lives are being threatened by aggressive biomedicine and other advanced technologies. (shrink)

Neoliberalism has installed an unending competitive struggle in the economy. Within this context activists have pushed for a reappraisal of laziness and inactivity as forms of resistance. This idea has been picked up by Maurizio Lazzarato and Giorgio Agamben in different ways. I start with explaining the former’s appraisal of laziness as a release of potentialities unrealizable under financial capitalism. Lazzarato’s appraisal of laziness however resembles neoliberal theories of innovation, because both share the conceptual persona of a subject whose potentialities (...) exceed the current status quo. Potentiality is thus not an unambiguous antagonist of capitalism, as Lazzarato suggests. In order to adequately oppose neoliberalism, Lazzarato should question the role of potentiality in capitalism. Agamben has undertaken such a project. In the second part of the essay I consequently argue that Agamben’s philosophy of inactivity as impotentiality is able to circumvent neoliberalism and the society of the spectacle. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to (...) arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

The human rights often are cited as an ultimate goal for the discipline of social science. It guides the UN in the pursuit of its organizational mission, and the civil democratic government generally endorses this paradigm of state rule as supreme. Nonetheless, it seems a mishap if the human rights are thought to be valued only in the courtroom or police office. They are the kind of ubiquitous concept that we could share and must share, who would be the scientists (...) in ideological pursuit, the policy makers and administrators in state engineering, and even the business enterprises in the emerging influence. It is typically regrettable if the human rights are not one of foremost concern, but a penumbra from the callous public officers while the human rights allow them to stand fundamentally. They comprise the magic code they are required to respect than any other priority, and also provide the basis of ethics on which the administrators deliberate. The paper attempts to deal with the theme of human rights, and delineates the elements of them with the aid of history and philosophy as well as comparative summary if adequate. Then the author leads the discussion to any new perspective or suggestion in the face of modern administrative state and social progress. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...) methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

A seventeenth-century scholastic attempt to restrict the truthmaker principle to positive truths.

This paper investigates one of the central questions in the ethics of migration: is migration a matter of freedom or justice? The former claims that it is a human right, whereas the latter defends a remedial right to immigrate as a way to meet the requirements of global distributive justice. These arguments seem to enter into an intractable contradiction. On the one hand, if freedom of movement is a human right, it should not be subordinated to the (...) maximization of justice. On the other hand, in a non-ideal world an open-borders policy would be of little help in the assignment of priorities, and its redistributive effects would be suboptimal. The solution, I will argue, lies in a package of global redistributive measures. More open borders now can bring us closer to justice, and only then would immigration make sense as a human right. (shrink)

The paradox asserts “to be a decent human being, you have to treat people like they're special; but to be a decent sociologist, you have to remember they're not.” How then can a sociologist be a decent human being? I distinguish between rights and other things, such as beliefs or tastes, and draw attention to how respect for rights is compatible with a focus on the typical in research.

A recent challenge to statist arguments defending the right of states to exclude prospective immigrants maintains that such statist arguments prove too much. Specifically, the challenge argues that statist arguments, insofar as they are correct, entail that states may permissibily exclude current members' newcomers by birth, which seems to violate a widely held intuition that members' newcomers by birth ought automatically to be granted membership rights. The basic claim is that statist arguments cannot account for the differntial treatment between (...) prospective immigrants and newcomers by birth. Call this the newcomer-by-birth objection. This article rejects the newcomer-by-birth rejection. It begins by sketching the precise extent to which the objection applies to statist arguments. It then examines the case of newcomers by birth and argues for a principled basis for treating them differentially from prospective immigrants such that a right to exclude prospective immigrants need not entail a right to exclude newcomers by birth. But this distinction holds only in most cases, not all, and therefore the newcomer-by-birth objection is not entirely defeated. With respect to the cases in which the objection does hold, it is argued that such cases are morally akin to international adoption, and thus morally benign. All considered, statist arguments easily survive the newcomer-by-birth objection. (shrink)

When widespread use of sex‐selective abortion and sex selection through assisted reproduction lead to severe harms to third parties and perpetuate discrimination, should these practices be banned? In this paper I focus on India and show why a common argument for a ban on sex selection fails even in these circumstances. I set aside a common objection to the argument, namely that women have a right to procreative autonomy that trumps the state's interest in protecting other parties from harm, (...) and argue against the ban on consequentialist grounds. I perform a pairwise comparative analysis of sex selection and its plausible alternatives and argue that that the ban fails to improve the state of affairs relative to a scenario without a ban. The ban makes the situation worse, especially for mothers and their daughters. India should therefore repeal its ban on sex selection. (shrink)

Joona Räsänen has argued that pro‐life arguments against the permissibility of infanticide are not persuasive, and fail to show it to be immoral. We responded to Räsänen’s arguments, concluding that his critique of pro‐life arguments was misplaced. Räsänen has recently replied in ‘Why pro‐life arguments still are not convincing: A reply to my critics’, providing some additional arguments as to why he does not find pro‐life arguments against infanticide convincing. Here, we respond briefly to Räsänen’s critique of the substance view, (...) and also to his most important claim: that possession of a right to life by an infant does not rule out the permissibility of infanticide. We demonstrate that this claim is unfounded, and conclude that Räsänen has not refuted pro‐life arguments against infanticide. (shrink)

I seek to advance plausible replies to the several criticisms Kai Horsthemke makes of ‘African Modal Relationalism’, his label for my theory of animal rights with a sub-Saharan pedigree. Central to this view is the claim that, roughly, a being has a greater moral status, the more it is in principle capable of relating communally with characteristic human beings. Horsthemke maintains that this view is anthropocentric and speciesist, is poorly motivated relative to his egalitarian-individualist approach, and does not have the (...) implications that I contend. I aim to rebut these and related criticisms, contending that African Modal Relationalism is in fact a promising way to philosophically ground animal rights. (shrink)

Transformations are not only conditioned by facts encompassing narrower or wider panoramas: from concentrating on death and one (political) role (the ode of Horace), through recalling Cleopatra’s mature life and love (the drama of Shakespeare), to creating an image embracing the heroine’s whole life with its numerous roles, but as a mother and a daughter in the first place, because even her lovers resemble a father and a child (the fictional biography of Karen Essex). Above all, they appear to (...) be more connected with different attitudes towards universal references lying within human cognitive abilities. Horace’s didactic opposition of contradictory patterns leads to the victory of one of them — and it is a linear pattern, as an equivalent of modern myth, which is accepted by the author himself. In Shakespeare, it takes a form of tragedy resulting from the fragmentary character of each pattern, one of which introduces change (archaic myth) and the other constancy (modern myth), and from a painful attempt to combine them. In Essex, the vision of the world in which archaic myth, strongly represented by a child, triumphs is utopian. Irrespective of the differences, all the works realize the essential role played by images developed by heroes, and especially by authors, in human cognition. (shrink)

Clinical ethics consultants (CECs) are not moral authorities. Standardization of CECs’ professional role does not confer upon them moral authority. Certification of particular CECs does not confer upon them moral authority (nor does it reflect such authority). Or, so we will argue. This article offers a distinctly Orthodox Christian response to those who claim that CECs—or any other academically trained bioethicist—retain moral authority (i.e., an authority to know and recommend the right course of action). This article proceeds in three (...) parts. First, we discuss recent movements toward the certification of CECs in the United States, focusing primarily on proposals and programs put forth by the American Society for Humanities and Bioethics (ASBH). Second, we outline two secular reasons to be concerned about the relevant trends toward certification. For one thing, certification is currently being advanced via political dominance, rather than gaining authority by reliance on rigorous philosophical argument or reason. For another, the trends operate on the assumption that there exists a secular, content-full, canonical, morality. There is no such morality. Next, we argue that Orthodox Christians should resist the current trends toward certification of CECs. Specifically, we unpack ways in which the ASBH’s certification program (and those like it) conflict with Orthodox claims about moral authority and the moral life more generally. We conclude that Orthodox Christians should resist the current certification trends. (shrink)

Abortion before a state of viability is not the killing of an individual live human being (i.e., a person) because an individual live human being does not exist before a state of viability and thus there is no ‘right to life’ of an individual live human being that is infringed. Reason and biology support this conclusion.

Reportedly ever since Pythagoras, but possibly much earlier, humans have been concerned about the way non human animals (henceforward “animals” for convenience) should be treated. By late antiquity all main traditions with regard to this issue had already been established and consolidated, and were only slightly modified during the centuries that followed. Until the nineteenth century philosophers tended to focus primarily on the ontological status of animals, to wit on whether – and to what degree – animals are actually rational (...) beings; accordingly they allowed – or denied – them some kind of moral standing. This modus operandi was for the first time seriously questioned by Jeremy Bentham, who put the issue on a different track. If the question, as Bentham suggested, is not if animals can think or speak, but if they can suffer1, then it seems plausible that moral agents ought to abstain from inflicting unnecessary suffering on animals; in other words, humans might have at least one – even limited – moral duty towards animals. And if this, in turn, is true, then animals should arguably be allowed the commensurate moral right, namely the right not to be inflicted unnecessary pain. Then, if animals possess this right, they could probably possess others, as well. This is how grosso modo the issue of animal rights became a pivotal part of the discussion concerning animal ethics. Bentham himself, of course, wouldn’t have gone that far; to him even the idea of human rights sounded like “simple… rhetorical nonsense upon stilts”.2 It was mostly due to his views, however, that the debate was moved from the way things actually are to the way things should ideally be – thus merging into what, in my view, should always have been: one primarily concerning ethics. (shrink)

The ways in which we exercise intentional agency are varied. I take the domain of intentional agency to include all that we intentionally do versus what merely happens to us. So the scope of our intentional agency is not limited to intentional action. One can also exercise some intentional agency in omitting to act and, importantly, in producing the intentional outcome of an intentional action. So, for instance, when an agent is dieting, there is an exercise of agency both with (...) respect to the agent’s actions and omissions that constitute her dieting behavior and in achieving the intended outcome of losing weight. In our mental lives we exercise intentional agency both in performing mental actions and when we intentionally produce certain outcomes at which our mental actions are aimed. The nature and scope of our intentional agency in our mental lives with respect to controlling the acquisition of mental states such as belief, desire, and intention is a topic that is of interest in its own right. In this essay, I will focus solely on our control over coming to believe. Understanding what sort of control we have our beliefs has far-reaching implications. For instance, theorizing about self-deception and wishful thinking is aided by theorizing about what if any intentional agency we can exercise with respect to acquiring beliefs. Another often mentioned concern that motivates thinking about doxastic agency comes from religion (when conversion requires a change of belief). We also hold persons morally and epistemically responsible for beliefs they have or fail to have. Finally, some deontological theories of epistemic justification require that agents be able to exercise a robust form of doxastic control. Fruitful work on any of these problems requires that we have an account of our intentional agency in acquiring beliefs. There are at least three loci of doxastic control. The first is over acquiring beliefs. The second is over maintaining beliefs. The third is over how we use our beliefs. I am chiefly concerned with the first locus of doxastic control in this essay, but I will say something about the second locus along the way. Also, I will only consider one way we might exercise control over acquiring beliefs. Specifically, I will present an argument against direct doxastic voluntarism (DDV). By “DDV” I mean to refer to the thesis that it is conceptually possible for agents to consciously exercise the same sort of direct voluntary control over coming to acquire a doxastic attitude—such as belief, suspension of belief, and disbelief—that they exercise over uncontroversial basic actions. If DDV is correct, then coming to believe can be a basic action-type. DDV, or something very close to it, was Bernard Williams’ target in his 1973 paper, “Deciding to Believe.” Williams’s argument is widely regarded as having been a failure. But I think that Williams was on to something in his paper. Hence, in this paper, while I do not attempt to resurrect Williams’s argument, I develop and defend a revised argument for a thesis that is quite close to Williams’s. I will proceed as follows. First, I will discuss Bernard Williams’ (1973) failed attempt at showing that DDV is conceptually impossible. This will be followed by a discussion of some constraints on our belief-forming activities. I will then clarify my target a bit more than Williams does in his original paper. Finally, I will present my own argument against the conceptual possibility of DDV. (shrink)

Since the global financial crisis in 2008, corporations have faced a crisis of trust, with growing sentiment against ‘elites and ‘big business’ and a feeling that ‘something ought to be done’ to re-establish public regard for corporations. Trust and trustworthiness are deeply moral significant. They provide the ‘glue or lubricant’ that begets reciprocity, decreases risk, secures dignity and respect, and safeguards against the subordination of the powerless to the powerful. However, in deciding how to restore trust, it is difficult to (...) determine precisely what should be done, by whom, and who will bear the cost, especially if any action involves a risk to overall market efficiency and corporate profitability. The paper explores whether corporations have a moral duty to be trustworthy, to bear the cost of being so and thus contribute to resolving the current crisis of trust. It also considers where the state and other social actors have strong reason to protect and enforce such moral rights, while acknowledging that other actors have similar obligations to be trustworthy. It outlines five ‘salient factors’ that trigger specific rights to trustworthiness and a concomitant duty on corporations to be trustworthy: market power, subordination (threat and intimidation), the absence of choice, the need to preserve systemic trust, and corporate political power which might undermine a state’s legitimacy. Absent these factors and corporations do not have a general duty to be trustworthy, since a responsible actor in fair market conditions should be able to choose between the costs and benefits of dealing with generally trustworthy corporations. (shrink)