Consent, on a standard theoretical framework, is a way of giving permission or waiving a right. Dougherty’s book is about the ‘scope’ of consent: which acts are permitted by a given act of consent? Along the way, Dougherty offers a view about what consent consists in and why it does its morally transformative work. The book is an exemplar of careful analytic philosophy. Philosophers working on consent in that tradition will find it essential reading. (...) Following are more specific reactions that will, I hope, convey a more specific sense of the book, and also engage and critique it and the tradition it exemplifies. (shrink)

When philosophers consider factors compromising autonomy in consent, they often focus solely on the consent-giver’s agential capacities, overlooking the impact of the consent-receiver’s conduct on the consensual character of the activity. In this paper, I argue that valid consent requires justified trust in the consent-receiver to act only within the scope of consent. I call this the Trust Condition (TC), drawing on Katherine Hawley’s commitment account of trust. TC constitutes a belief that the (...) consent-receiver is capable and willing to act as we expect from them. If such trust is not warranted, I argue, consent lacks the appropriate normative grounds. After establishing TC, I explore its application in the sexual arena, asserting that due to the non-contractual dimensions of sexual activity — such as the dynamic nature of sexual desires and the absence of external factors effectively binding sexual partners to the terms of consent—trust is warranted in sexual consent by means of care. I define care as a special sensitivity and attention toward the partner’s will and discuss how this approach leads to safer intimate relationships in practice. (shrink)

The rapid advancement of digital health innovation, including Artificial Intelligence (AI), is transforming healthcare. The growing role the European Union (EU) plays in regulating the use of AI in healthcare renders national laws insufficient to safeguard patients from unique AIrelated risks. This underscores the urgent need for the recognition of a canon of patients' rights in the scope of EU law. This paper proposes the blueprint for an EU Charter for Digital Patients' Rights, consolidating and adapting existing rights for (...) patients to address these specific challenges. Traditional patients' rights such as the right to privacy and the right to informed consent are interpreted in light of the challenges posed by AI. It also proposes novel rights for patients, such as the right not to be subject to automated medical decision-making and the right to meaningful human contact. This paper highlights the EU's central role in protecting patients' rights and outlines strategies for effective implementation. This comprehensive approach aims to address the current shortcomings and enhance the legal framework governing digital health in Europe. (shrink)

Aryeh Goldberg compellingly argues for a Narrative Coherence Standard (NCS) to bolster existing methods of assessing patients' mental capacity. But his account fails to distinguish between the cognitive abilities of children and adults; consequently, worries may be raised about the scope of the NCS, in particular when we consider child patients. In this article, I argue the NCS cannot plausibly apply to children. Since children's self-conception does not arrive fully formed — but rather is a product of both incomplete (...) cognitive development and socializing factors — I claim children may not possess a sufficiently intimate knowledge of self, and therefore a sufficiently coherent sense of self, as Goldberg demands. Therefore, we should either revise the NCS to accommodate children, adopt an incremental view of consent, or revert to the relevant form of the MacArthur competence criteria to establish children’s capacity to consent. (shrink)

While the ethical significance of caregivers in neurological research has increasingly been recognized, the role of caregivers in brain- computer interface (BCI) research has received relatively less attention. Objectives: This report investigates the extent to which caregivers are mentioned in publications describing implantable BCI (iBCI) research for individuals with motor dysfunction, communication impairment, and blindness. Methods: The scoping review was conducted in June 2024 using the PubMed and Web of Science bibliographic databases. The articles were systematically searched using query terms (...) for caregivers, family members, and guardians, and the results were quantitatively and qualitatively analyzed. Results: Our search yielded 315 unique studies, 78 of which were included in this scoping review. Thirty-four (43.6%) of the 78 articles mentioned the study participant’s caregivers. We sorted these into 5 categories: Twenty-two (64.7%) of the 34 articles thanked caregivers in the acknowledgement section, 6 (17.6%) articles described the caregiver’s role with regard to the consent process, 12 (35.3%) described the caregiver’s role in the technical maintenance and upkeep of the BCI system or in other procedural aspects of the study, 9 (26.5%) discussed how the BCI enhanced participant communication and goal-directed behavior with the help of a caregiver, and 3 (8.8%) articles included general comments that did not fit into the other categories but still related to the importance of caregivers in the lives of the research participants. Discussion: Caregivers were mentioned in less than half of BCI studies in this review. The studies that offered more robust discussions of caregivers provide valuable insight into the integral role that caregivers play in supporting the study participants and the research process. Attention to the role of caregivers in successful BCI research studies can help guide the responsible development of future BCI study protocols. (shrink)

While the ethical significance of caregivers in neurological research has increasingly been recognized, the role of caregivers in brain- computer interface (BCI) research has received relatively less attention. Objectives: This report investigates the extent to which caregivers are mentioned in publications describing implantable BCI (iBCI) research for individuals with motor dysfunction, communication impairment, and blindness. Methods: The scoping review was conducted in June 2024 using the PubMed and Web of Science bibliographic databases. The articles were systematically searched using query terms (...) for caregivers, family members, and guardians, and the results were quantitatively and qualitatively analyzed. Results: Our search yielded 315 unique studies, 78 of which were included in this scoping review. Thirty-four (43.6%) of the 78 articles mentioned the study participant’s caregivers. We sorted these into 5 categories: Twenty-two (64.7%) of the 34 articles thanked caregivers in the acknowledgement section, 6 (17.6%) articles described the caregiver’s role with regard to the consent process, 12 (35.3%) described the caregiver’s role in the technical maintenance and upkeep of the BCI system or in other procedural aspects of the study, 9 (26.5%) discussed how the BCI enhanced participant communication and goal-directed behavior with the help of a caregiver, and 3 (8.8%) articles included general comments that did not fit into the other categories but still related to the importance of caregivers in the lives of the research participants. Discussion: Caregivers were mentioned in less than half of BCI studies in this review. The studies that offered more robust discussions of caregivers provide valuable insight into the integral role that caregivers play in supporting the study participants and the research process. Attention to the role of caregivers in successful BCI research studies can help guide the responsible development of future BCI study protocols. (shrink)

Objectives: Machine learning (ML) has the potential to facilitate “continual learning” in medicine, in which an ML system continues to evolve in response to exposure to new data over time, even after being deployed in a clinical setting. In this article, we provide a tutorial on the range of ethical issues raised by the use of such “adaptive” ML systems in medicine that have, thus far, been neglected in the literature. -/- Target audience: The target audiences for this tutorial are (...) the developers of ML AI systems, healthcare regulators, the broader medical informatics community, and practicing clinicians. -/- Scope: Discussions of adaptive ML systems to date have overlooked the distinction between 2 sorts of variance that such systems may exhibit—diachronic evolution (change over time) and synchronic variation (difference between cotemporaneous instantiations of the algorithm at different sites)—and underestimated the significance of the latter. We highlight the challenges that diachronic evolution and synchronic variation present for the quality of patient care, informed consent, and equity, and discuss the complex ethical trade-offs involved in the design of such systems. (shrink)

This paper aims to provide an in-depth examination of the fundamental elements of rape, specifically focusing on intention and consent, within the context of “deceiving someone into having sex”. The analysis will involve exploring model cases and scrutinising the intentions of both the deceiver and the deceived in relation to consent. Through conceptual analysis, the concept of “deceiving someone into having sex” will be clarified, drawing insights from typical applications of this concept. Additionally, this paper will critically evaluate (...) the main arguments against these conceptualisations of “deceiving someone into having sex”. This is done to demonstrate the flaws that undermine these arguments, thus highlighting the insufficiency of these approaches in fully discrediting the concept. Moreover, it will be argued that deceiving someone into having sex can be regarded as a form of coercion, and thus rape, aligning with the established criteria for identifying rape cases. In conclusion, this paper argues that the conception of “deceiving someone into having sex” as a form of rape challenges the narrow framework through which we traditionally understand rape, necessitating the recognition that the scope of the concept of rape extends beyond our previous limits. (shrink)

The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to (...) be of particular value. However, several different terms are used to refer to this value, indicating a lack of conceptual clarity regarding the appropriate test for access to health data for research without consent. In this paper we do three things. First we describe the current confusion and instability in terminology relating to public interest in the context of consent waivers. Second we argue for harmonisation of terminology on the grounds of clarity, transparency and consistency. Third we argue that the term ‘public interest’ best reflects the normative work required to justify consent waivers because it is the broadest of the competing terms. ‘Public interest’ contains within its scope positive and negative implications of a study, as well as welfare, justice and rights considerations. In making this argument, we explain the normative basis for consent waivers, and provide a starting place for further discussion about the precise conditions in which a given study can be said to advance the public interest. Ipsos MORI study found that: … the public would be broadly happy with administrative data linking for research projects provided Those projects have social value, broadly defined. Data are de-identified. Data are kept secure. Businesses are not able to access the data for profit. (shrink)

Longtermism is the thesis that in a large class of decision situations, the best thing we can do is what is best for the long-term future. The scope question for longtermism asks: how large is the class of decision situations for which this is true? In this paper, I suggest that the scope of longtermism may be narrower than many longtermists suppose. I identify a restricted version of longtermism: swamping axiological strong longtermism (swamping ASL). I identify three (...) class='Hi'>scope-limiting factors - probabilistic and decision-theoretic phenomena which, when present, tend to reduce the prospects for swamping ASL. I argue that these scope-limiting factors are often present in human decision problems, then use two case studies from recent discussions of longtermism to show how the scope-limiting factors lead to a restricted, if perhaps nonempty, scope for swamping ASL. (shrink)

Nancy MacLean’s book, Democracy in Chains, raised questions about James M. Buchanan’s commitment to democracy. This paper investigates the relationship of classical liberalism in general and of Buchanan in particular to democratic theory. Contrary to the simplistic classical liberal juxtaposition of “coercion vs. consent,” there have been from Antiquity onwards voluntary contractarian defenses of non-democratic government and even slavery—all little noticed by classical liberal scholars who prefer to think of democracy as just “government by the consent of the (...) governed” and slavery as being inherently coercive. Historically, democratic theory had to go beyond that simplistic notion of democracy to develop a critique of consent-based non-democratic government, e.g., the Hobbesian pactum subjectionis. That critique was based firstly on the distinction between contracts or constitutions of alienation (translatio) versus delegation (concessio). Then the contracts of alienation were ruled out based on the theory of inalienable rights that descends from the Reformation doctrine of inalienability of conscience down through the Enlightenment to modern times in the abolitionist and democratic movements. While he developed no theory of inalienability, the mature Buchanan explicitly allowed only a constitution of delegation, contrary to many modern classical liberals or libertarians who consider the choice between consent-based democratic or non-democratic governments (e.g., private cities or shareholder states) to be a pragmatic one. But Buchanan seems to not even realize that his at-most-delegation dictum would also rule out the employer-employee or human rental contract which is a contract of alienation “within the scope of the employment.”. (shrink)

El consentimiento informado del paciente se inserta en el ámbito de su autonomía decisoria. Aunque presenta un sustrato corporal, este aparece combinado con elementos de índole moral que presuponen una noción concreta de persona como libre y autónoma. Tanto de las definiciones doctrinales como del material normativo se desprende que se trata de una posición jurídica subjetiva del paciente, alternativamente calificada como una “pretensión” o “derecho subjetivo en sentido estricto”, en términos hohfeldianos; un “derecho negativo de defensa”, o una “inmunidad”. (...) En España, el Tribunal Constitucional ha vinculado el consentimiento informado del paciente al derecho fundamental a la integridad física y moral (15 CE), lo cual permite plantear el análisis en clave iusfundamental. Con todo, se advierten dudas e incompatibilidades entre la explicación habitual del consentimiento informado, su fundamento constitucional y su regulación jurídica. El objetivo del presente libro consiste en proporcionar una definición integral del consentimiento informado como derecho subjetivo del paciente y como manifestación de un derecho fundamental, a partir de una óptica poliédrica que aporta certeza en la práctica asistencial y jurídica. // The patient's right to informed consent is inserted within the scope of his decisional autonomy. Although it has a bodily background, it is combined with features of moral nature, which presupposes a concrete notion of the person as free and autonomous. Both, doctrinal approaches and normative legal material show that it is a subjective legal position of the patient, being alternatively qualified as a Hohfeldian “claim” or a “subjective right in a strict sense”; a "negative right" or an "immunity." The Spanish Constitutional Court has linked the informed consent of the patient to the fundamental right to physical and moral integrity (15 CE), which allows us to propose a fundamental rights-based analysis. Nonetheless, doubts and inconsistencies are perceived between the customary explanation of informed consent, its constitutional foundation and its legal regulation. The aim of this book is to provide a comprehensive definition of informed consent as subjective right of the patient and expression of a fundamental right, from a multi-fold perspective that provides certainty in both legal and health care practice. (shrink)

The role of reciprocal causation in Extended Evolutionary Synthesis (EES) is controversial. Proponents of EES argue that reciprocal causation is a key innovation, underpinning the necessity of EES. Conversely, critics of the EES maintain that Standard Evolutionary Theory (SET) adequately encompasses the concept of reciprocal causation, challenging the need for EES. This skepticism is rooted in two primary critiques. First, the mischaracterization of causal dynamics within SET by EES advocates leads to a misrepresentation of SET. Second, the oversight of how (...) SET incorporates and acknowledges instances of reciprocal causation leads to claims about the empirical inaptness of SET. As a result, the debate has reached an impasse, with limited progress towards a constructive examination of reciprocal causation’s significance to evolutionary explanations. This paper introduces the scope argument, which examines reciprocal causation through timescales and grain of explanations. This approach revitalizes the debate in two ways. First, reframing the debate in terms of scope clarifies the role of reciprocal causation by allowing research programs to specify targets of explanation. Second, the elements of scope (timescales and grain) elucidate the epistemic advantage of reciprocal causation in the respective research programs in question. (shrink)

Philosophical work on the concept of consent in the past few decades has got to grips with it as a rich notion. We are increasingly sensitive to consent not as a momentary, atomic, transactional thing, but as a complex idea admitting of various qualities and dimensions. In this paper we note that the recognition of this complexity demands a theoretical framework quite different to those presently extant, and we suggest that the enactive approach is one which offers significant (...) value in this regard. In consonance with arguments made by Laurie Penny about how consent is a continuous and dynamic process, we outline how an enactive approach identifies consent as temporally extended (rather than momentarily transactional), and as affected by the skilfulness of the agents involved, the fitness of community provided resources to negotiate the consensual relationship over time, and the unfolding of circumstances in the situation in which the joint action is taking place. We argue that the value of an enactive perspective on consent is in highlighting these complexities, and providing resources to articulate and theorise them in ways that are not open to other current approaches. (shrink)

The #MeToo movement generated a feminist insistence that we “believe women.” But the men accused of assault, harassment, and other violations frequently defended themselves with the insistence that they had always “respected women” – sometimes, going so far as to get numerous women to sign letters swearing that these men had always respected them. This common MeToo defense reveals the core inconsistency – and the core entitlement – at the heart of misogyny and sexual injustice: some women deserve respect. But (...) the duty to respect those women relies on an invisible entitlement to disrespect – indeed, to assault, harass, dominate, or exploit – others. This chapter explores consent’s role within the superstructure of misogyny and sexual injustice, arguing what consent is a key apparatus of white supremacy. It argues that consent has been constructed through dynamics of colonial and racist sexual entitlement, mapping some (white) women as deserving of respect and the right to consent, while marking other women as expendable or disposable within the sexual economy. This means not only that consent is historically constructed as white, but also that whiteness, and in particular, white womanhood, is constructed through consent. Thus, white women’s right to consent – or to refuse – is premised upon the inability of other women to do so. In this way, the right to sexual consent does not disrupt the norm of male sexual entitlement. Consent has always been premised on non-consent, from coloniality and slavery to contemporary porn, which offers a vision of the world without proper consent, so that granting consent to actual women is an exceptional practice, an “act of respect.” By including race and class alongside gender in my analysis of consent, I argue that contemporary feminist visions of sexual justice must do more than defend or ameliorate consent, but develop intersectional interrogations of sexual justice that reckon with the complicities of consent. (shrink)

In recent years, New Mechanism has become one of the most popular and widely discussed philosophical accounts of scientific explanation. Some of its proponents see it as a successor to traditional deductive nomological and statistical approaches to the philosophy of explanation. New Mechanists thus argue for the generality of their approach as a model of scientific explanation. Here we will show that the generality of NME as an account of scientific explanation is restricted. Most significantly, NME is widely recognized to (...) have trouble in accounting for explanation in traditional physics. Yet, in the face of obstacles to NME in the physical sciences, New Mechanists have yet to provide a convincing defense of the generality of their view. In this paper, I (1) summarize when and how NME works, (2) describe briefly what NME is not and can’t be, (3) outline some areas of contemporary scientific explanation where New Mechanism misses the mark; and (4) demonstrate that New Mechanism does not constitute a general theory of scientific explanation but rather covers a restricted scope of explanations. (shrink)

Allow me to rehearse a familiar scenario. We all know that which ends you have has something to do with what you ought to do. If Ronnie is keen on dancing but Bradley can’t stand it, then the fact that there will be dancing at the party tonight affects what Ronnie and Bradley ought to do in different ways. In short, (HI) you ought, if you have the end, to take the means. But now trouble looms: what if you have (...) dreadful, murderous ends? Ought you to take the means to them? Seemingly not. But fortunately, an assumption made by deontic logics1 comes to the rescue. Since ‘‘ought’’, according to this assumption, is a sentential operator, HI must really be ambiguous. It could be read either as (Narrow) You have the end ! O(you take the means) or as (Wide) O(you have the end ! you take the means). Now if Narrow is true, then you really ought to take the means to your murderous ends. But this doesn’t follow from Wide. All that follows from Wide is that you ought to either take the means to these ends or else give them up. Conclusions: (1) Since HI is on some reading true, but Narrow isn’t, Wide is true. (2) Wide accounts for the relationship between your ends and what you ought to do. This elegant scenario repeats itself in many other domains in which it seems like something can have a bearing on what some particular agent ought to do. Does what you know affect what you ought to do? Do your beliefs about what you ought to do affect what you ought to do? Do your promises affect what you ought to do? Do your beliefs affect what you ought to believe? On each of these counts, the intuitive answer is ‘‘yes’’. And so each of these questions leaves something for the moral philosopher or the epistemologist to investigate. On each count, it seems that what we all know, is that (Account) you ought, if p, to do A. But on each count, the Narrow-scope reading of the ‘‘ought’’ in this claim yields unintuitive consequences. So since Account is true, it must be true on the Wide-scope reading.. (shrink)

In this clearly written, impressively researched, and engaging book, Alan Wertheimer makes a distinctive and important contribution to the contemporary literature on the nature and value of consent to sexual relations. Wertheimer’s effort is two-fold. First, and as an informative yet logically distinct backdrop, he provides a specific theory of sexual desire and behavior, viz., evolutionary psychology. Second, he identifies and defends moral and legal principles of valid consent to sex. In chapter-length discussions, Wertheimer shows why matters of (...) consent are significantly more complex than many, including influential feminist scholars, recognize, and in so doing lays the groundwork for the theoretical core of his book: a rights-based theory of sexual coercion. This theory provides powerful grounds for determining when conduct constitutes coercion of the sort that nullifies consent and, when combined with numerous and often-ingenious hypothetical cases, teases out principles of moral and legal consent that are both coherent and reasonable. As a result of this combination of considerations, Wertheimer’s book is unique among recent efforts in this area and the analyses and arguments presented should be of great interest to social psychologists as well as those working in normative ethics and jurisprudence. (shrink)

In this paper, I discuss a problem for Kant's strategy of appealing to the agent qua noumenon to undermine the significance of determinism in his theory of free will. I then propose a solution. The problem is as follows: given determinism, how can some agent qua noumenon be 'the cause of the causality' of the appearances of that agent qua phenomenon without being the cause of the entire empirical causal series? This problem has been identified in the literature (Ralph Walker (...) provides what is perhaps the most dramatic presentation of it). But it has never received an adequate solution. In this paper, I argue that Walker’s objection is only decisive if we must understand our responsibility as responsibility for events, but not causal laws. I argue that we need not interpret Kant's theory in this way. I demonstrate that each agent qua noumenon could be responsible for "limited instantiation scope" causal laws which necessitate only the phenomenal actions of that same agent qua phenomenon. Part of this project involves showing that there are relevant constituents of actions which are "rare" enough to instantiate such laws. I demonstrate that, on Kant's view, events in agents’ bodies are not rare enough, but events in agents’ phenomenal souls are. (shrink)

The Argument from Inductive Risk (AIR) is taken to show that values are inevitably involved in making judgements or forming beliefs. After reviewing this conclusion, I pose cases which are prima facie counterexamples: the unreflective application of conventions, use of black-boxed instruments, reliance on opaque algorithms, and unskilled observation reports. These cases are counterexamples to the AIR posed in ethical terms as a matter of personal values. Nevertheless, it need not be understood in those terms. The values which load a (...) theory choice may be those of institutions or past actors. This means that the challenge of responsibly handling inductive risk is not merely an ethical issue, but is also social, political, and historical. (shrink)

What is the scope of our conscious mental agency, and how do we acquire self-knowledge of it? Both questions are addressed through an investigation of what best explains our inability to form judgemental thoughts in direct response to practical reasons. Contrary to what Williams and others have argued, it cannot be their subjection to a truth norm, given that our failure to adhere to such a norm need not undermine their status as judgemental. Instead, it is argued that we (...) cannot form judgements at will because we subjectively experience them as responses to epistemic reasons, and because this is incompatible with our experiential awareness of direct mental actions, such as instances of imagining. However, this latter awareness does not extend to indirect agency, which relies on epistemic or causal processes as means. Judging may therefore still count as an indirect action - just like, say, breaking a window by throwing a stone. (shrink)

This paper focuses on Quong’s account of the scope of the means principle (the range of actions over which the special constraint on using a person applies). One the key ideas underpinning Quong’s approach is that the means principle is downstream from an independent and morally prior account of our rights over the world and against one another. I raise three challenges to this ‘rights first’ approach. First, I consider Quong’s treatment of harmful omissions and argue that Quong’s view (...) generates counter-intuitive results. Second, I argue that cases of harmful omissions raise problems for Quong’s claim that intentions are irrelevant to permissibility. Third, I consider Quong’s extension of the means principle to include uses of persons’ rightfully-owned property. I suggest that, contra Quong, the morality of defensive harm is not based on a prior account of distributive justice. Instead the two normative domains mutually inform one another. (shrink)

This chapter provides a critical overview of ten central arguments that philosophers have given in support of a distinction between the conceptual and the nonconceptual. We use these arguments to examine the question of whether (and in what sense) perceptual states might be deemed nonconceptual and also whether (and in what sense) animals and infants might be deemed to lack concepts. We argue that philosophers have implicitly relied on a wide variety of different ways to draw the conceptual/nonconceptual distinction and (...) that all ten of the arguments we discuss face considerable difficulties. (shrink)

Truths require truthmakers, many think. In this paper I will discuss the scope of this requirement. Truthmaker maximalism is the claim that, necessarily, all truths require truthmakers. I shall argue against this claim. I shall argue against it on the basis of its implications. I shall first consider its implications when applied to synthetic, contingent propositions. If the truthmaker requirement applies to these propositions, so I shall argue, it is not possible for there to be nothing, and it is (...) not possible for any (possibly) accompanied entity to exist on its own. I shall then consider its implications when applied to modal propositions, specifically those concerning possible existence. I shall argue that if the truthmaker requirement applies to such propositions, then there can be no relation which is equivalent to metaphysical explanation, which – I shall suggest – amounts to a denial of the existence of grounding. (shrink)

The philosophical conception of mechanistic explanation is grounded on a limited number of canonical examples. These examples provide an overly narrow view of contemporary scientific practice, because they do not reflect the extent to which the heuristic strategies and descriptive practices that contribute to mechanistic explanation have evolved beyond the well-known methods of decomposition, localization, and pictorial representation. Recent examples from evolutionary robotics and network approaches to biology and neuroscience demonstrate the increasingly important role played by computer simulations and mathematical (...) representations in the epistemic practices of mechanism discovery and mechanism description. These examples also indicate that the scope of mechanistic explanation must be re-examined: With new and increasingly powerful methods of discovery and description comes the possibility of describing mechanisms far more complex than traditionally assumed. (shrink)

Tyler Burge famously argues in his 1993 paper "Content Preservation" that it is not only a priori true that we enjoy a prima facie warrant to take what others assert as true, but also that there our warrant to believe what we are told in certain special cases is a priori. So just as our warrant for believing certain mathematical truths might be a priori, so too there are cases of belief through testimony that are a priori. Then in a (...) 2013 Postscript to "Content Preservation" he took it all back. All of Burge's ideas and arguments for and against are interesting and important, and deepen our understanding of testimony, comprehension, warrant, and the a priori. But his ideas and arguments are hard to understand. This paper explains all of ideas and arguments, both for and against, in a clear and comprehensive way. Along the way, Anna-Sara Malmgren's interpretation and criticism of Burge's position is also expounded and criticized. (shrink)

While philosophers of mind have devoted abundant time and attention to questions of content and consciousness, philosophical questions about the nature and scope of mental action have been relatively neglected. Galen Strawson’s account of mental action, arguably the most well-known extant account, holds that cognitive mental action consists in triggering the delivery of content to one’s field of consciousness. However, Strawson fails to recognize several distinct types of mental action that might not reduce to triggering content delivery. In this (...) paper, we argue that meditation provides a useful model for understanding a wider range of types of mental action than heretofore recognized. Conclusions yielded by two distinct bodies of current psychological research on meditation and cognition, and meditation and introspection, buttress meditation’s suitability for this role. (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not depend on (...) our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

Ayurveda is science of living being. Aim of Ayurveda is mantainance of healthy life and pacification of diseases of diseased ones. Dharma, artha, kama and moksha these four are together called chaturvidha purushartha which is achieved by arogya (health).Ayurveda holds view of its independent darshanika viewthough it has shades of nearly all six astika darshanas. Mimamsa’s first verse implies its motto to explore Dharma. Ayurveda considers dharma as one of basic component to health. Dharma has been described under trieshana by (...) acharya Bhela. Various conducts are described under sadavritta, achararasayana, moksha marga, naishtikichikitsa. Ayurveda describes three types of treatment which are yuktivyapshraya, daivavyapashraya and sattvavajaya. This daivyapashraya includes mantra, ausadhi, mani, mangal, bali, upahaar, homa, niyama,prayashchita, upawaas, swastyayana, pranipata, gamana etc. These type of methods are widely described in karma kanda of mimamsa darshana. This treatment method has been used in curing of diseases like unmada,graharoga. Methods of yagya has been described as well as used in putreshti and punsawansamskara described in charakasamhita. With this paper karma kanda widely used in treatment has been described in Ayurveda. (shrink)

In this paper I discuss the nature of consent in general, and as it applies to Carlos Nino’s consensual theory of punishment. For Nino the criminal’s consent to change her legal-normative status is a form of implied consent. I distinguish three types of implied consent: 1) implied consent which is based on an operative convention (i.e. tacit consent); 2) implied consent where there is no operative convention; 3) “direct consent” to the legal-normative (...) consequences of a proscribed act – this is the consent which Nino employs. I argue that Nino’s conception of consent in crime exhibits many common features of “everyday” consent, which justify that it be classed as a form of (implied) consent. h us, Nino is right to claim that the consent in crime is similar to the consent in contracts and to the consent to assume a risk in tort law. (shrink)

In 1993 the Law Lords upheld the original conviction of five men under the 1861 Offences Against the Person Act for participating in sado-masochistic practices. Although the five men were fully consenting adults, the Law Lords held that consent did not constitute a defence to acts of violence within a sado-masochistic context. This paper examines the judgements in this case and argues that sado-masochistic practices are no different from the known exceptions cited by the court to the idea that (...) consent is no defence to violence (sport, parental chastisement and surgery). It also argues that if we can make sense of rape as a non-consensual, violent act, expressed through sex, then we can make sense of sado-masochism as a consensual sexual act, expressed through violence. (shrink)

This paper focuses on two questions: (I) why do the Cyrenaics deny that we can gain knowledge concerning "external things," and (II) how wide-ranging is this denial? On the first question, I argue that the Cyrenaics are skeptical because of their contrast between the indubitable grasp we have of own affections, versus the inaccessibility of external things that cause these affections. Furthermore, this inaccessibility is due to our cognitive and perceptual limitations--it is an epistemological doctrine rooted in their psychology--and not (...) (pace Zilioli) due to any metaphysical theses regarding the external world. On the second question, I argue (pace Tsouna and Warren) that the scope of the Cyrenaics' skepticism is quite wide. Our reports on the Cyrenaics are inconsistent, but the most charitable and plausible reading results in attributing to the Cyrenaics skepticism not merely about the properties of external things (e.g., that the fire that warms me is really hot) of also of their nature and identity (e.g., that the object that warms me is a fire). However, it does not extend to skepticism regarding the existence of an external world. (shrink)

In this paper, I examine the question of the scope of justice, in a not unusual distributive, egalitarian, and universalistic framework. Part I outlines some central features of the egalitarian theory of justice I am proposing. According to such a conception, justice is – at least prima facie – immediately universal, and therefore global. It does not morally recognize any judicial boundaries or limits. Part II examines whether, even from a universalistic perspective, there are moral or pragmatic grounds for (...) rejecting or limiting the global scope of justice. In particular, I scrutinize five universalistic objections: (1) the principle of “moral division of labor”; (2) the connection between cooperation and distributive justice; (3) the primacy of democracy; (4) the dangers of a world state; and (5) political‐pragmatic reasons. I intend to show that these objections cannot undermine the strong normative claims of global justice. At the most, political‐pragmatic reasons speak in favor of initially striving for somewhat less, in order to receive more general backing. (shrink)

Philosophers of science and medicine now aspire to provide useful, socially relevant accounts of mechanism. Existing accounts have forged the path by attending to mechanisms in historical context, scientific practice, the special sciences, and policy. Yet, their primary focus has been on more proximate issues related to therapeutic effectiveness. To take the next step toward social relevance, we must investigate the challenges facing researchers, clinicians, and policy makers involving values and social context. Accordingly, we learn valuable lessons about the connections (...) between mechanistic processes and more fundamental reasons for medical interventions, particularly moral, ethical, religious, and political concerns about health, agency, and power. This paper uses debates over the controversial morning-after pill to gain insight into the deeper reasons for the production and use of mechanistic knowledge throughout biomedical research, clinical practice, and governmental regulation. To practice socially relevant philosophy of science, I argue that we need to account for mechanistic knowledge beyond immediate effectiveness, such as how it can also provide moral guidance, aid ethical categorization in the clinic, and function as a political instrument. Such insights have implications for medical epistemology, including the value-laden dimensions of mechanistic reasoning and the “epistemic friction” of values. Furthermore, there are broader impacts for teaching research ethics and understanding the role of science advisors as political advocates. (shrink)

In the debates regarding the ethics of human organoid biobanking, the locus of donor autonomy has been identified in processes of consent. The problem is that, by focusing on consent, biobanking processes preclude adequate engagement with donor autonomy because they are unable to adequately recognise or respond to factors that determine authentic choice. This is particularly problematic in biobanking contexts associated with organoid research or the clinical application of organoids because, given the probability of unforeseen and varying purposes (...) for which a donor’s organoids could be employed and given the different ways in which a donor can relate to her biospecimens, a donor can value her organoids differently in different contexts and her reasons for autonomously permitting use of her cells and tissues in one case may not support an autonomous decision in another. In response, this paper has three aims: firstly, to make the case for why organoid biobanks ought to respect donor autonomy conceived as authentic choice; secondly, to explore the autonomy-respecting limits of established and widely prevalent models of biobank consent; and thirdly, to propose certain conditions that organoid biobanks ought to support or facilitate in order to respect donor autonomy. (shrink)

Background: Exposomics, the study of the exposome, is flourishing, but the field is not well defined. The term “exposome” refers to all environmental influences and associated biological responses throughout the lifespan. However, this definition is very similar to that of the term “environment”—the external elements and conditions that surround and affect the life and development of an organism. Consequently, the exposome seems to be nothing more than a synonym for the environment, and exposomics a synonym for environmental research. As a (...) result, some have rebranded their “standard” environmental health research with the neologistic exposome term, whereas others ignore or seek to abandon the seemingly redundant concept of the exposome. -/- Objectives: We argue that exposomics needs to sharpen its mission focus to counteract this apparent redundancy. Exposomics should be defined as a research program in environmental health aimed at enabling a comprehensive and discovery-driven approach to identifying environmental determinants of human health. Similar to the aim of the Human Genome Project, exposomics aims to analyze the complete complexity of exposures and their corresponding biological responses. Exposomics’ primary premise is that the existence of undiscovered, potentially interconnected, nongenetic (environmental) risk factors for health necessitates a comprehensive discovery-driven analysis approach. -/- Discussion: We argue that exposomics researchers should adopt our reconceptualization of exposomics and focus on the productiveness and integrity of their research program: its purpose and principles. We suggest that exposomics researchers should coordinate the writing of reviews that assess the program’s productiveness and integrity, as well as provide a platform for exposomics researchers to define their vision for the field. (shrink)

Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.

In the present paper I investigate the role that analogy plays in eighteenth-century biology and in Kant’s philosophy of biology. I will argue that according to Kant, biology, as it was practiced in the eighteenth century, is fundamentally based on analogical reflection. However, precisely because biology is based on analogical reflection, biology cannot be a proper science. I provide two arguments for this interpretation. First, I argue that although analogical reflection is, according to Kant, necessary to comprehend the nature of (...) organisms, it is also necessarily insufficient to fully comprehend the nature of organisms. The upshot of this argument is that for Kant our understanding of organisms is necessarily limited. Second, I argue that Kant did not take biology to be a proper science because biology was based on analogical arguments. I show that Kant stemmed from a philosophical tradition that did not assign analogical arguments an important justificatory role in natural science. Analogy, according to this conception, does not provide us with apodictically certain cognition. Hence, sciences based on analogical arguments cannot constitute proper sciences. (shrink)

I. Introduction Siris, Berkeley's last major work, is undeniably a rather odd book. It could hardly be otherwise, given Berkeley's aims in writing it, which are three-fold: 'to communicate to the public the salutary virtues of tar-water,'1 to provide scientific background supporting the efficacy of tar-water as a medicine, and to lead the mind of the reader, via gradual steps, toward contemplation of God.2 The latter two aims shape Berkeley's extensive use of contemporary natural science in Siris. In particular, Berkeley's (...) focus on what he calls fire (or aether or light) as a quasiuniversal 'cause' of natural change3 serves these purposes, for the 'activity' of the aether, in his view, can both explain the miraculous virtues of a certain medicine, i.e. tar-water, and reveal God's action and his divine order.4 Berkeley's corpuscular speculations, including his use of fire-theory, are not especially idiosyncratic as natural philosophy. In his theorizing, as Jessop and other have noted, he is heavily indebted to the work of Hermann Boerhaave, the Dutch chemist, botanist, and physician whose teachings were highly influential in mid-eighteenth century Britain.5 Boerhaave, along with other Dutch natural philosophers cited by Berkeley, assigned a central role in accounting for physio-chemical activity to fire, a subtle, insensible particulate substance, sometimes identified with light. (shrink)

Philosophers have used the terms 'impersonal' and 'personal value' to refer to, among others things, whether something's value is universal or particular to an individual. In this paper, I propose an account of impersonal value that, I argue, better captures the intuitive distinction than potential alternatives, while providing conceptual resources for moving beyond the traditional stark dichotomy. I illustrate the practical importance of my theoretical account with reference to debate over the evaluative scope of cultural heritage.

Hume’s account of the scope of justice, many think, is implausibly narrow, apply- ing almost exclusively to respect for property rights. Such a view would indeed be highly objectionable because it would leave out of the scope of justice altogether requirements to keep our promises, obey the law, and refrain from threats and violence (among many others). I argue that Hume’s theory of justice, properly understood, avoids this objection. And seeing how is instructive because once we understand his (...) account correctly, we can appreciate its resources for offering attractive explanations of why a number of diverse phenomena fall within the scope of justice. Overcoming this challenge is a major step- ping stone on the way to seeing Hume’s theory of justice as a genuine competitor with the other dominant theories of justice in the philosophical literature. (shrink)

It is widely agreed that reactive attitudes play a central role in our practices concerned with holding people responsible. However, it remains controversial which emotional attitudes count as reactive attitudes such that they are eligible for this central role. Specifically, though theorists near universally agree that guilt is a reactive attitude, they are much more hesitant on whether to also include shame. This paper presents novel arguments for the view that shame is a reactive attitude. The arguments also support the (...) view that shame is a reactive attitude in the sense that concerns moral accountability. The discussion thereby challenges both the view that shame is not a reactive attitude at all, suggested by philosophers such as R. Jay Wallace and Stephen Darwall, and the view that shame is a reactive attitude but does not concern moral accountability, recently defended by Andreas Carlsson and Douglas Portmore. (shrink)

In this paper, we argue that to properly understand our commitment to a principle of free speech, we must pay attention to what should count as speech for the purposes of such a principle. We defend the view that ‘speech’ here should be a technical term, with something other than its ordinary sense. We then offer a partial characterization of this technical sense. We contrast our view with some influential views about free speech , and show that our view has (...) distinct advantages. Finally, we consider racist hate speech. Here, we argue that if certain theorists are right about what some racist hate speech does, then such speech should fall outside the scope of the free speech principle, and so, should be as regulable as any non-speech action. (shrink)

How should the fact of state consent to international agreements affect their moral evaluation? Political criticism of the content of international agreements is often answered by invoking the voluntary nature of those agreements: if states did not wish to accept their terms then they were free to reject them; the fact of their having voluntarily accepted them limits the scope for subsequent criticism. This is the “Voluntarist Reply”. This paper examines the Voluntarist Reply to understand the specific moral (...) work that it claims to do, the sense of voluntariness that it requires, and the limits on the capacity of voluntary consent to answer substantive political and moral criticism . It maps those limits across four prominent and plausible accounts of international economic justice to understand the different ways that consent does or does not alter the moral situation. (shrink)

Over the past several decades environmental ethics has grown markedly, normative ethics having provided essential grounding in assessing human treatment of the environment. Even a systematic approach, such as Paul Taylor’s, in a sense tells the environment how it is to be treated, whether that be Earth’s ecosystem or the universe itself. Can the environment, especially the ecosystem, as understood through the study of ecology, in turn offer normative and applied ethics any edification? The study of ecology has certainly increased (...) awareness of the fact that it is not possible for a moral agent within the ecosystem to step outside its intricate mesh of actions and events, of causes and effects. That is, absolutely everything that an agent can do can have some, often unforeseeable, outcome in the environment. An incompletely snuffed-out match tossed out a car window can cause a forest fire, which causes biome destruction, which causes x, y, and z. In sum, the ecosystem can edify ethics in terms of the scope of ethics, which remains an unsettled, if too-often ignored, matter. By such an inclusive view of moral scope, as derived in part from ecology and as presented here, the scope of moral behavior would include—whether or not adventitiously—every action an agent may do. By this view, moral scope is, in essence, unlimited. The article offers some ramifications of this view of moral scope. (shrink)

This is a review of Volume Eight of a 25 volume series on the philosophy of India, a project directed by professor Karl H. Potter. It reviews the second of five volumes on Buddhist philosophy in the series.