This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with (...) a specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

The fact that Gilbert Ryle and J.L. Austin seem to disagree about the ordinary use of words such as ‘voluntary’, ‘involuntary’, ‘voluntarily’, and ‘involuntarily’ has been taken to cast doubt on the methods of ordinary language philosophy. As Benson Mates puts the worry, ‘if agreement about usage cannot be reached within so restricted a sample as the class of Oxford Professors of Philosophy, what are the prospects when the sample is enlarged?’ (Mates, Inquiry 1:161–171, 1958, p. 165). In (...) this chapter, we evaluate Mates’s criticism alongside Ryle’s and Austin’s specific claims about the ordinary use of these words, assessing these claims against actual examples of ordinary use drawn from the British National Corpus (BNC). Our evaluation consists in applying a combination of methods: first aggregating judgments about a large set of samples drawn from the corpus, and then using a clustering algorithm to uncover connections between different types of use. In applying these methods, we show where and to what extent Ryle’s and Austin’s accounts of the use of the target terms are accurate as well as where they miss important aspects of ordinary use, and we demonstrate the usefulness of this new combination of methods. At the heart of our approach is a commitment to the idea that systematically looking at actual uses of expressions is an essential component of any approach to ordinary language philosophy. (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)

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

I will outline four justifications of regional ecological obligations calling for different political authorities to collaborate for ecological reasons: through voluntary agreement between political entities united by an ecological region; by a shared regional history or cultural relations to an ecological region; with reference to ‘place-based’ duties with an ecological basis; or by obligations to an extended set of individual right-holders. None are conclusive reasons but show that there are normative grounds for regional collaboration of separate political authorities. (...) The article contributes to discussion on, despite its practical relevance, a much neglected concept in political philosophy. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, (...) rather than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

Gauthier’s contractarianism begins with an idea of a rational deliberator but ‘finds no basis for postulating a moral need for the justification of one’s actions to others. The role of agreement is to address each person’s demand that the constraints of society be justified to him, not a concern that he justify himself to his fellows’ (Gauther 1997, 134–5). He contrasts his view with Scanlon’s contractualism, according to which agreement with others is the core of morality and each (...) agent has the burden of justifying his or her actions to others. Both of their views count as ‘constructivist’ because they reject moral realism and hold that normativity is a function of what we do, either individually or collectively. Kant’s Rechtslehre is neutral regarding moral realism and yet constructivist about moral norms. However, the relevant acts basic to Gauthier’s and Scanlon’s views concern voluntary agreements we make. Using agreement to establish basic norms faces some serious difficulties. Kant’s Rechtslehre avoids these problems by showing how basic social norms can be identified and justified independently of voluntary agreement. Moreover, it does so in a way that shows that an individual’s justification of his or her acts to others and the justification of the acts of others to any individual are inseparable aspects of one and the same justificatory reasons in which voluntary agreement plays no role. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

There seems to be widespread agreement that to be responsible for something is to be deserving of certain consequences on account of that thing. Call this the “merited-consequences” conception of responsibility. I think there is something off, or askew, in this conception, though I find it hard to articulate just what it is. The phenomena the merited-consequences conception is trying to capture could be better captured, I think, by noting the characteristic way in which certain minds can rightly matter (...) to other such minds—the way in which certain minds can carry a certain kind of importance, made manifest in certain sorts of responses. Mattering, not meriting, seems to me central. However, since I cannot yet better articulate an alternative, I continue in the merit-consequences framework. I focus on a particular class of consequences: those that are non-voluntary, in a sense explained. The non-voluntariness of these reactions has two important upshots. First, questions about their justification will be complex. Second, they are not well thought of as consequences voluntarily imposed upon the wrongdoer by the responder. By focusing on merited consequences and overlooking non-voluntariness, we risk misunderstanding the significance of moral criticism and of certain reactions to moral failure. (shrink)

Miller analyzes the relationship between consent and autonomy by offering three pictures. For autonomy, Miller distinguishes between procedural, substantive, and weak substantive autonomy. The corresponding views of consent are what Miller has termed as consensual minimalism, consensual idealism, and consensual realism. The requirements of sexual consent under consensual minimalism are a voluntary informed agreement. However, feminist critiques reveal the inadequacies of this simple position. Consensual idealism, which corresponds with substantive autonomy, offers a robust picture where consent and autonomy (...) must be based on non-oppression. However, this view is considered too ideal and it ignores context. Weak substantive autonomy takes into account the context in the sexual domain. Correspondingly, consensual realism takes into account the context and still fulfills the requirements of consent. (shrink)

The proposition that “promises ought to be kept is one of the most important normative ideas or value judgements in our daily lives. But what about “illegal promises”? That is to say, what about promises that are, legally or morally speaking, malum in se or inherently wrongful, such as voluntary exchanges that are inherently immoral or wrongful, like bribes, blackmail, murder, etc.? In short, what moral obligations, if any, do such promises impose? Although many of the greatest thinkers in (...) Western civilization have offered a wide variety of theories to explain the source of promissory obligations, it turns out there is a blind spot in this centuries-old conversation, for few theorists have given the problem of illegal or immoral promises any sustained thought. Nevertheless, illegal or immoral promises should be of theoretical interest to us because such promises may help us delimit the outer boundaries of promissory obligations. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

In a globalized world it has often been suggested in recent years that the commonwealth is unnecessary and is in conflict with the United Nation as a World Organization. Commonwealth does not conflict in any way with the United Nations but rather it complements the work of the United Nation, as commonwealth States acting together in many fields have helped make the United Nations more effective. Diplomacy comes from the Greek word “diplomacy” denoting a folded document that was used for (...) identification or to conferrer favour privilege. It comprises the procedures and process of negotiating agreements, usually between sovereign States. In its contemporary usage, the word has come to mean different things to different people ranging from foreign policy, international relations, or simple tact. For the purpose of this paper diplomacy here is thought of in terms of negotiation and co-operation, which means something possibly derived from closer contacts and greater understanding. World diplomacy is used here as the condition in which States settle their differences by negotiating rather than force; in which there is active promotion of co-operation between them, and in which there is a scope for the emergence of new international forces without this becoming the occasion of conflict. The Commonwealth of Nations is a voluntary association of independent sovereign State, each responsible for its own policies, consulting and co-operating in the common interest of their peoples and in the promotion of international understanding and World Peace. (shrink)

Our work focuses on the novel Julie, or the New Heloise by Jean Jacques Rousseau (1761), particularly on the character of Saint Preux, Julie's lover. Our interest is strictly philosophical. First, we expose the ways in which Rousseau takes pleasure in denigrating Saint Preux to conclude that he is a feminine character: the virility-femininity distinction has no relation to the gender difference because (following a Socratic tradition through Plutarch) it is in agreement with the opposition between self-control (activity) - (...) submission to the passions (passivity); femininity is always a lack of virtue proper to men. Secondly, we focus on the annihilation of Saint Preux by the voluntary renunciation of his freedom, that is, of his humanity—an absurd and inconceivable renunciation, according to The Social Contract (1762). Thirdly, we examine the reasons for this annihilation; we propose that the novel, far from contradicting, ratifies and deepens the ethical and political condemnation of gallant love that Rousseau had carried out in the Letter to M. D'Alembert on Spectacles (1758). Finally, we examine the relevance of Saint Preux in our time, pointing out the connection that Rousseau denounces between the alleged freedom to love and political inaction Keywords: Virtue  Freedom  Slavery  Ethics  Plutarch. -/- Nuestro trabajo se centra en la novela Julia o la Nueva Eloísa de Jean Jacques Rousseau (1761), particularmente en el personaje de Saint Preux, el amante de Julia. Nuestro interés es estrictamente filosófico. Primero, mostramos los modos en los que Rousseau se complace en denigrar a su personaje enamorado para concluir que Saint Preux es femenino: la distinción virilidad-femineidad prescinde de la diferencia de género porque (recuperando una tradición socrática a través de Plutarco) coincide con la oposición entre dominio (de sí) /actividad - sumisión (a las pasiones) /pasividad; la femineidad es un defecto de virtud que compete siempre a los hombres. Segundo, nos detenemos en la (auto) aniquilación de Saint Preux por la renuncia voluntaria a su libertad, es decir, a su humanidad, renuncia absurda e inconcebible, según Del Contrato Social (1762). Tercero, preguntamos por las razones de esta aniquilación; proponemos que la novela de amor, lejos de contradecir, ratifica y lleva al último extremo la condena ética y política del amor galante que Rousseau había llevado a cabo en la Carta a d’Alembert sobre los espectáculos (1758). Finalmente, preguntamos sobre la actualidad de Saint Preux señalando la vigencia de esta imbricación que Rousseau denuncia entre la pretendida libertad de amar y la inacción política. Palabras Clave: Virtud  Libertad  Esclavitud  Ética  Plutarco. -/- . (shrink)

I agree with Nachev and Hacker’s general approach. However, their criticism of claims of covert automaticity can be strengthened. I first say a few words on what voluntary action involves and on the consequent limited relevance of brain research for the determination of voluntariness. I then turn to Nachev and Hacker’s discussion of possible covert automaticity and show why the case for it is weaker than they allow.

We study imagination as reality-oriented mental simulation : the activity of simulating nonactual scenarios in one’s mind, to investigate what would happen if they were realized. Three connected questions concerning ROMS are: What is the logic, if there is one, of such an activity? How can we gain new knowledge via it? What is voluntary in it and what is not? We address them by building a list of core features of imagination as ROMS, drawing on research in cognitive (...) psychology and the philosophy of mind. We then provide a logic of imagination as ROMS which models such features, combining techniques from epistemic logic, action logic, and subject matter semantics. Our logic comprises a modal propositional language with non-monotonic imagination operators, a formal semantics, and an axiomatization. (shrink)

We investigate adverbial agreement in Sandəmarkesə (S. Marco in Lamis, Apulia) proposing phase-bound, local agreement relations, reducible to coordination, as in past and absolute participial constructions, suggesting a copulaless analysis where arguments are subjects in a small clause. With disjunct nominals with matching φ-features, the adverb agrees separately with each part in the set, otherwise resulting in ‘non-agreeing’ forms, which we test also with negative polarity items (niʃun-, ‘nobody’ and nentə, ‘nothing’). With fragment answers, the negation scopes over (...) adverbs agreeing with the two proposed topics: matching of the φ-features of both nouns values the negative operator with the same features. In fronted adverbs, agreement occurs when the question contains overt coordinated arguments, elements continuing a chain, and if coordinated arguments have matching φ-features. In agreement in topical contexts with fronted adverbs, agreement occurs with the aboutness-shift topic closely preceding them, rather than with the embedded direct object. (shrink)

Previous research has suggested that bodily signals from internal organs are associated with diverse cortical and subcortical processes involved in sensory-motor functions, beyond homeostatic reflexes. For instance, a recent study demonstrated that the preparation and execution of voluntary actions, as well as its underlying neural activity, are coupled with the breathing cycle. In the current study, we investigated whether such breathing-action coupling is limited to voluntary motor action or whether it is also present for mental actions not involving (...) any overt bodily movement. To answer this question, we recorded electroencephalography (EEG), electromyography (EMG), and respiratory signals while participants were conducting a voluntary action paradigm including self-initiated motor execution (ME), motor imagery (MI), and visual imagery (VI) tasks. We observed that the voluntary initiation of ME, MI, and VI are similarly coupled with the respiration phase. In addition, EEG analysis revealed the existence of readiness potential (RP) waveforms in all three tasks (i.e., ME, MI, VI), as well as a coupling between the RP amplitude and the respiratory phase. Our findings show that the voluntary initiation of both imagined and overt action is coupled with respiration, and further suggest that the breathing system is involved in preparatory processes of voluntary action by contributing to the temporal decision of when to initiate the action plan, regardless of whether this culminates in overt movements. -/- . (shrink)

In this paper, I examine Alston's arguments for doxastic involuntarism. Alston fails to distinguish (i) between volitional and executional lack of control, and (ii) between compatibilist and libertarian control. As a result, he fails to notice that, if one endorses a compatibilist notion of voluntary control, the outcome is a straightforward and compelling case for doxastic voluntarism. Advocates of involuntarism have recently argued that the compatibilist case for doxastic voluntarism can be blocked by pointing out that belief is never (...) intentional. In response to this strategy, I distinguish between two types of intentionality and argue that belief is no less intentional than action is. (shrink)

Typical agreements can be seen as joint decisions, inherently involving obligations of a distinctive kind. These obligations derive from the joint commitment' that underlies a joint decision. One consequence of this understanding of agreements and their obligations is that coerced agreements are possible and impose obligations. It is not that the parties to an agreement should always conform to it, all things considered. Unless one is released from the agreement, however, one has some reason to conform to it, (...) whatever else is true. In this sense, one is under an obligation to the other parties. The relevance of these points to the issue of political obligation is discussed. (shrink)

In the literature on philosophical progress it is often assumed that agreement is a necessary condition for progress. This assumption is sensible only if agreement is a reliable sign of the truth, since agreement on false answers to philosophical questions would not constitute progress. This paper asks whether agreement among philosophers is (or would be) likely to be a reliable sign of truth. Insights from social choice theory are used to identify the conditions under which (...) class='Hi'>agreement among philosophers would be a reliable indicator of the truth, and it is argued that we lack good reason to think that philosophical inquiry meets these conditions. The upshot is that philosophical agreement is epistemically uninformative: agreement on the answer to a philosophical question does not supply even a prima facie reason to think that the agreed-upon view is true. However, the epistemic uninformativeness of philosophical agreement is not an indictment of philosophy's progress, because philosophy is valuable independent of its ability to generate agreement on the correct answers to philosophical questions. (shrink)

In an earlier article in this journal I argued that the question of whether heroin addicts can give voluntary consent to take part in research which involves giving them a choice of free heroin does not – in contrast with a common assumption in the bioethics literature – depend exclusively on whether or not they possess the capacity to resist their desire for heroin. In some cases, circumstances and beliefs might undermine the voluntariness of the choices a person makes (...) even if they do possess a capacity for self-control. Based on what I took to be a plausible definition of voluntariness, I argued that the circumstances and beliefs typical of many vulnerable heroin addicts are such that we have good reasons to suspect they cannot give voluntary consent to take part in such research, even assuming their desire for heroin is not irresistible. In a recent article in this journal, Uusitalo and Broers object to this on the grounds that I misdescribe heroin addicts' options set, that the definition of voluntariness on which I rely is unrealistic and too demanding, and, more generally, that my view of heroin addiction is flawed. I think their arguments derive from a misunderstanding of the view I expressed in my article. In what follows I hope therefore to clarify my position. (shrink)

A person presented with adequate but not conclusive evidence for a proposition is in a position voluntarily to acquire a belief in that proposition, or to suspend judgment about it. The availability of doxastic options in such cases grounds a moderate form of doxastic voluntarism not based on practical motives, and therefore distinct from pragmatism. In such cases, belief-acquisition or suspension of judgment meets standard conditions on willing: it can express stable character traits of the agent, it can be responsive (...) to reasons, and it is compatible with a subjective awareness of the available options. (shrink)

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition (...) as the capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (shrink)

Some recent work in formal epistemology shows that “witness agreement” by itself implies neither an increase in the probability of truth nor a high probability of truth—the witnesses need to have some “individual credibility.” It can seem that, from this formal epistemological result, it follows that coherentist justification (i.e., doxastic coherence) is not truth-conducive. I argue that this does not follow. Central to my argument is the thesis that, though coherentists deny that there can be noninferential justification, coherentists do (...) not deny that there can be individual credibility. (shrink)

Standard models in epistemic game theory make strong assumptions about agents’ knowledge of their own beliefs. Agents are typically assumed to be introspectively omniscient: if an agent believes an event with probability p, she is certain that she believes it with probability p. This paper investigates the extent to which this assumption can be relaxed while preserving some standard epistemic results. Geanakoplos (1989) claims to provide an Agreement Theorem using the “truth” axiom, together with the property of balancedness, a (...) significant relaxation of introspective omniscience. I provide an example which shows that Geanakoplos’s statement is incorrect. I then introduce a new property, local balancedness, which allows us both to correct Geanakoplos’s result, and to extend it to cases where the truth axiom may fail. I exploit this general Agreement Theorem to provide novel epistemic conditions for correlated and Nash equilibrium, both of which relax the assumption of introspective omniscience. In all three cases, the results are also extended to infinite state spaces. (This is Chapter 5 of my 2014 Oxford DPhil (PhD) thesis.). (shrink)

Does addiction to heroin undermine the voluntariness of heroin addicts' consent to take part in research which involves giving them free and legal heroin? This question has been raised in connection with research into the effectiveness of heroin prescription as a way of treating dependent heroin users. Participants in such research are required to give their informed consent to take part. Louis C. Charland has argued that we should not presume that heroin addicts are competent to do this since heroin (...) addiction by nature involves a loss of ability to resist the desire for heroin. In this article, I argue that Charland is right that we should not presume that heroin addicts are competent to consent, but not for the reason he thinks. In fact, as Charland's critics correctly point out, there is plenty of evidence showing that heroin addicts can resist their desire for heroin. These critics are wrong, however, to conclude from this that we should presume that heroin addicts are competent to give their voluntary consent. There are, I shall argue, other conditions associated with heroin addiction that might constrain heroin addicts' choice in ways likely to undermine the voluntariness of their consent. In order to see this, we need to move beyond the focus on the addicts' desires for heroin and instead consider the wider social and psychological circumstances of heroin addiction, as well as the effects these circumstances may have on the addicts' beliefs about the nature of their options. (shrink)

IN her work on the distinction between freedom and voluntariness, Serena Olsaretti suggests the following definition of voluntary action: an action is voluntary if it is not non-voluntary, and non-voluntary if it is performed because there are no acceptable alternatives, where ‘acceptable’ means conforming to some objective standard (which Olsaretti suggests might be well-being). Olsaretti suggests that ascriptions of responsibility are underwritten by judgments of voluntariness, rather than freedom. Also, Olsaretti notes that a concern for (...) class='Hi'>voluntary choice might be grounded in respect for autonomy. So, two important questions in political philosophy – when an agent is responsible for her actions and what we must do if we want agents to live autonomous lives – hang upon whether Olsaretti's account of voluntariness is correct once it has been developed in detail. This article is a contribution to that development. I show that well-informedness about our options is crucial to whether we act voluntarily or not, and I argue that we should restrict the scope of what we consider relevantly unacceptable to include only things which involve serious prudential harm. Inevitably there are some questions left unanswered, but what follows indicates what I take to be the strongest form of Olsaretti's theory, and one which can play the role described for it above. (shrink)

One of the predominant debates in AI Ethics is the worry and necessity to create fair, transparent and accountable algorithms that do not perpetuate current social inequities. I offer a critical analysis of Reuben Binns’s argument in which he suggests using public reason to address the potential bias of the outcomes of machine learning algorithms. In contrast to him, I argue that ultimately what is needed is not public reason per se, but an audit of the implicit moral assumptions of (...) societies within which algorithms are built and applied. Public justification is appealing since it offers us the possibility to align the decision-making outcomes of the algorithm with the core moral values of stakeholders within a constitutional democratic society. My concern is that the common moral principles that form the foundation of public reason are not necessarily neutral, as they still express specific moral ideals and normative standards even if there is moral agreement by society as a whole, or among different stakeholders within society. Appealing to such normative standards may thus still lead to algorithmic outcomes being biased as common moral values may very well still be discriminatory even though they are formed from a consensus, and even if public reason is applied as a kind of filter for potential algorithmic outcomes. Hence, I argue that these implicit moral norms within society that we take as a given in public reasoning, need to be audited from generation to generation in order to effectively mitigate potential algorithmic bias. (shrink)

Stanley Cavell’s account of aesthetic judgment has two components. The first is a feeling: the judge has to see, hear, ‘dig’ something in the object being judged, there has to be an ‘emotion’ that the judge feels and expresses. The second is the ‘discipline of accounting for [the judgment]’, a readiness to argue for one’s aesthetic judgment in the face of disagreement. The discipline of accounting for one’s aesthetic judgments involves what Nick Riggle has called a norm of convergence: the (...) judge aims to get one’s audience to taste see or hear what the judge tastes or sees or hears in the object being judged. Because of the unmistakable difficulty in reaching agreement in aesthetic judgment, Riggle has denied that aesthetic judgment requires a convergence norm and has proposed instead that it requires ‘a kind of harmony of individuality’ (which Riggle calls ‘vibing’). We argue that Cavell offers a version of the convergence norm that is distinct from those that Riggle criticizes, namely Kant’s demand for agreement and Andy Egan’s presupposition of similarity in dispositions in ‘non-defective’ aesthetic conversations. Cavell’s version of the convergence norm is ‘the hope of agreement’. One can hope that one’s audience will agree with one’s aesthetic judgments even when one isn’t in a position to demand agreement or to presuppose similarity in the dispositions that would make agreement more likely. Cavell’s distinct convergence norm avoids Riggle’s criticisms and contributes to a richer account of what’s going on when we disagree about aesthetic matters. (shrink)

Introduction: There is currently no binding, internationally accepted and successful approach to ensure global equitable access to healthcare during a pandemic. The aim of this ethical analysis is to bring into the discussion a legally regulated vaccine allocation as a possible strategy for equitable global access to vaccines. We focus our analysis on COVAX (COVID-19 Vaccines Global Access) and an existing EU regulation that, after adjustment, could promote global vaccine allocation. -/- Methods: The main documents discussing the two strategies are (...) examined with a qualitative content analysis. The ethical values reasonableness, openness and transparency, inclusiveness, responsiveness and accountability serve as categories for our ethical analysis. -/- Results: We observed that the decision-making processes in a legal solution to expand access to vaccines would be more transparent than in COVAX initiative, would be more inclusive, especially of nation states, and the values responsiveness and accountability could be easily incorporated in the development of a new regulation. -/- Discussion: A legal strategy that offers incentives to the pharmaceutical industry in return for global distribution of vaccines according to the Fair Priority Model is an innovative way to achieve global and equitable access to vaccines. However, in the long term, achieving the Sustainable Development Goals will require from all nations to work in solidarity to find durable solutions for global vaccine research and development. Interim solutions, such as our proposed legal strategy for equitable access to vaccines, and efforts to find long-term solutions must be advanced in parallel. (shrink)

Is the idea of the voluntary important? Those who think so tend to regard it as an idea that can be metaphysically deepened through a theory about voluntary action, while those who think it a superficial idea that cannot coherently be deepened tend to neglect it as unimportant. Parting company with both camps, I argue that the idea of the voluntary is at once important and superficial—it is an essentially superficial notion that performs important functions, but can (...) only perform them if we refrain from deepening it. After elaborating the contrast between superficial and deepened ideas of the voluntary, I identify the important functions that the superficial idea performs in relation to demands for fairness and freedom. I then suggest that theories trying to deepen the idea exemplify a problematic moralization of psychology—they warp psychological ideas to ensure that moral demands can be met. I offer a three-tier model of the problematic dynamics this creates, and show why the pressure to deepen the idea should be resisted. On this basis, I take stock of what an idea of the voluntary worth having should look like, and what residual tensions with moral ideas this leaves us with. (shrink)

In this paper I argue that self-respect constitutes an important value, and further, serves as an important basis for equality. I also argue that under conditions of inequality-producing segregation, voluntary separation in schooling may be more likely to provide the resources necessary for self respect. Accordingly, I defend a prima facie case of voluntary separation for stigmatized minorities when equality – as equal status and treatment – is not an option under either the terms of integration or involuntary (...) segregation. (shrink)

Negotiation is often treated as an attempt to reconcile conflicting interests. Instead, I define negotiation as an attempt to produce a convergence of will. Based on a distinction initially made by Rawls (1955), I draw attention away from summary rules that are introduced during negotiation, including win-win interest prescriptions, and put the emphasis on the practice rules that are validated by the final agreement. The term convergence of will refers to the co-adoption of practice rules that define the interaction (...) that is the subject of negotiation. It essentially refers to the negotiating parties establishing the normative or “ought” standards of the interaction they are negotiating about. Moving from the subjective view of Kant to the intersubjective view of Habermas, I offer an approach that examines how agreement validates the “ought” requirements of that interaction, going beyond underlying interests. (shrink)

When do we agree? The answer might once have seemed simple and obvious; we agree that p when we each believe that p. But from a formal epistemological perspective, where degrees of belief are more fundamental than beliefs, this answer is unsatisfactory. On the one hand, there is reason to suppose that it is false; degrees of belief about p might differ when beliefs simpliciter on p do not. On the other hand, even if it is true, it is too (...) vague; for what it is to believe simpliciter ought to be explained in terms of degrees of belief. This paper presents several possible notions of agreement, and corresponding notions of disagreement. It indicates how the findings are fruitful for the epistemology of disagreement, with special reference to the notion of epistemic peerhood. (shrink)

This article argues, first, that there is plenty of agreement among philosophers on philosophically substantive claims, which fall into three categories: reasons for or against certain views, elementary truths regarding fundamental notions, and highly conditionalized claims. This agreement suggests that there is important philosophical progress. It then argues that although it's easy to list several potential kinds of philosophical progress, it is much harder to determine whether the potential is actual. Then the article attempts to articulate the truth (...) that the deniers of philosophical progress are latching on to. Finally, it comments on the significance of the agreement and progress. (shrink)

Ethics, Policy & Environment, Volume 15, Issue 2, Page 241-243, June 2012.

In this paper, which discusses data from Gargano Apulian Italo-Romance, I propose that prepositional and non-prepositional genitives are fundamentally two different types of phrases, and that the interpretation of a non-prepositional noun as the possessor is not due to a silent preposition or head-modifier inversion, but rather to an agreement mechanism taking place between the modifier and its head. We propose that, just as a genitive can agree with its head for gender and number features so it can for (...) definiteness, and that agreement for definiteness yields a genitival interpretation of the non-prepositional noun. I.e., definiteness can externalize the syntactic relation between head and modifier. We also propose that in this Apulian variety, non-prepositional genitives are syntactic phases (Chomsky 2001), and that the same holds for non-prepositional ‘qualitative’ predicative phrases in the same language. This would explain the impossibility of accessing the phrase through syntactic operations such as extraction. DOI 10.1111/1467-968X.12229 . (shrink)

The article discusses the conditions under which can we say that people enter the economic system voluntarily. “The Need for an Exit Option” briefly explains the philosophical argument that voluntary interaction requires an exit option—a reasonable alternative to participation in the projects of others. “The Treatment of Effective Forced Labor in Economic and Political Theory” considers the treatment of effectively forced interaction in economic and political theory. “Human Need” discusses theories of human need to determine the capabilities a person (...) requires to have an acceptable exit option. “Capability in Cash, Kind, or Raw Resources” considers what form access to that level of capability should take—in cash, kind, or raw resources, concluding that a basic income guarantee is the most effective method to ensure an exit option in a modern, industrial economy. (shrink)

In this paper, I argue that some plausible principles concerning which credences are rationally permissible for agents given information about one another’s epistemic and credal states have some surprising consequences for which credences an agent ought to have in light of self-locating information. I provide a framework that allows us to state these constraints and draw out these consequences precisely. I then consider and assess the prospects for rejecting these prima facie plausible principles.

Coherentists on epistemic justification claim that all justification is inferential, and that beliefs, when justified, get their justification together (not in isolation) as members of a coherent belief system. Some recent work in formal epistemology shows that “individual credibility” is needed for “witness agreement” to increase the probability of truth and generate a high probability of truth. It can seem that, from this result in formal epistemology, it follows that coherentist justification is not truth-conducive, that it is not the (...) case that, under the requisite conditions, coherentist justification increases the probability of truth and generates a high probability of truth. I argue that this does not follow. (shrink)

Many nongovernmental forms of business regulation aim at reducing ethical violations in commerce. We argue that such nongovernmental ethics standards, while often laudable, raise their own ethical challenges. In particular, when such standards place burdens upon vulnerable market participants (often, though not always, SMEs), they do so without the backing of traditional legitimate political authority. We argue that this constitutes a structural analogy to wars of humanitarian intervention. Moreover, we show that, while some harms imposed by such standards are desirable, (...) others are best thought of as a form of collateral damage. We thus look at the well-developed literature on just war theory for inspiration and find that the principles of jus ad bellum and jus in bello contain many insights that can be fruitfully adapted to the case of nongovernmental standard-setting. Consequently, we propose the Ius ad Normam—a set of principles that should guide would-be standard-setters in assessing whether imposing those burdens is ethically justifiable in particular cases. We also discuss how powerful multinational businesses often act simultaneously as standard-takers and standard-setters and explore the normative implications of this dual role. (shrink)

An anthology on Panarchy edited by Gian Piero de Bellis for World Wide Wisdom, Saint-Imier, 2023.

I argue that a attractive theory about the metaphysics of belief—the prag- matic, interpretationist theory endorsed by Stalnaker, Lewis, and Dennett, among others—implies that agents have a novel form of voluntary control over their beliefs. According to the pragmatic picture, what it is to have a given belief is in part for that belief to be part of an optimal rationalization of your actions. Since you have voluntary control over your actions, and what actions you perform in part (...) determines what beliefs you count as having, this theory entails that you have some voluntary control over your beliefs. However, the pragmatic picture doesn’t entail that you can believe something as a result of intention to believe it. Nevertheless, I argue that the limited sort of voluntary control implied by the pragmatic picture may be of use in vindicating the deontological conception of epistemic justification. (shrink)

BACKGROUND Patients with chronic pain face significant barriers in finding clinicians to manage long-term opioid therapy (LTOT). For patients on LTOT, it is increasingly common to have them sign opioid treatment agreements (OTAs). OTAs enumerate the risks of opioids, as informed consent documents would, but also the requirements that patients must meet to receive LTOT. While there has been an ongoing scholarly discussion about the practical and ethical implications of OTA use in the abstract, little is known about how clinicians (...) use them and if OTAs themselves modify clinician prescribing practices. OBJECTIVE To determine how clinicians use OTAs and the potential impacts of OTAs on opioid prescribing. DESIGN We conducted qualitative analysis of four focus groups of clinicians from a large Midwestern academic medical center. Groups were organized according to self-identified prescribing patterns: two groups for clinicians who identified as prescribers of LTOT, and two who did not. PARTICIPANTS 17 clinicians from General Internal Medicine, Family Medicine, and Palliative Care were recruited using purposive, convenience sampling. APPROACH Discussions were recorded, transcribed, and analyzed for themes using reflexive thematic analysis by a multidisciplinary team. KEY RESULTS Our analysis identified three main themes: (1) OTAs did not influence clinicians’ decisions whether to use LTOT generally but did shape clinical decision-making for individual patients; (2) clinicians feel OTAs intensify the power they have over patients, though this was not uniformly judged as harmful; (3) there is a potential misalignment between the intended purposes of OTAs and their implementation. CONCLUSION This study reveals a complicated relationship between OTAs and access to pain management. While OTAs seem not to impact the clinicians’ decisions about whether to use LTOT generally, they do sometimes influence prescribing decisions for individual patients. Clinicians shared complex views about OTAs’ purposes, which shows the need for more clarity about how OTAs could be used to promote shared decision-making, joint accountability, informed consent, and patient education. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, (...) vagueness of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)