En Carl Schmitt en la Segunda República Española Gabriel Guillén Kalle analiza aspectos particulares de Carl Schmitt en ese periodo de nuestra nación en entreguerras. El autor reconoce que la recepción republicana fue primordialmente jurídica, mas esta perspectiva conlleva observar ese concepto de lo polítíco que atraviesa su obra entera. Guillén propone una estrategia para la relectura de Schmitt en ese periodo y para ello analiza a los principales autores que se ocuparon de él, sin desdeñar a algunos (...) menos conocidos como puede ser Zozaya. Un tema importante para nuestra nación es el control de constitucionalidad que Schmitt, siguiendo a Constant con la teoría del poder moderador, encuentra en el Presidente del Reich, y que en la segunda República española se dejó en un organismo, el Tribunal de Garantías Constitucionales que pretendía colocarse por encima de las pasiones, aunque por su composición -poco jurídica- condujo al fracaso. También es de interés cómo Medina sitúa el pensamiento schmittiano de los órdenes concretos en el idealismo objetivo necesitando de dualismos para su existencia. (shrink)

The concept of representation in public law is attracting more and more interest; specially gives many problems in the Parliament how representation, so as a representative institution. In this place is plained a principal problem: the new function of Parliament and the roll of parliamentary's Government control. We assist to the end of the dogma of the separation of powers. So we need to distinguish between control by the Parliament and control in the Parliament; the first are less effective because (...) significate the Government control of his own majority; the second is the critical capacity of minorities against the Government; this last are a effective control who's should create public opinion. This does not imply the suppression of public representation idea. By suggesting a revision of these idea does not mean that they should disappear. It seems wise to conserve the concept of representation providing it refer to the particular situation of the autoritas and his decision, whenever he appers as a victim of the procers in which take part the after side of problem: the souveragnity. (shrink)

Pain research is still dominated by biomedical perspectives and the need to articulate pain in ways other than those offered by evidence based medical models is pressing. Examining closely subjective experiences of pain, this book explores the way in which pain is situated, communicated and formed in a larger cultural and social context. Dimensions of Pain explores the lived experience of pain, and questions of identity and pain, from a range of different disciplinary perspectives within the humanities and social sciences. (...) Discussing the acuity and temporality of pain, its isolating impact, the embodied expression of pain, pain and sexuality, gender and ethnicity, it also includes a cluster of three chapters discusses the phenomenon and experience of labour pains. This volume revitalizes the study of pain, offering productive ways of carefully thinking through its different aspects and exploring the positive and enriching side of world-forming pain as well as its limiting aspects. It will be of interest to academics and students interested in pain from a range of backgrounds, including philosophy, sociology, nursing, midwifery, medicine and gender studies. (shrink)

Various international authorities have insisted on the importance of ethical learning in higher education for would-be professionals, including students of Business Administration. As the process of creating the European Higher Education Area gathers pace, first steps have been taken to explicitly incorporate ethics in the common European Qualifications Framework. However, the authors of this study show how in the course of the EQF development process, the consideration given to ethical qualifications has been curtailed and subjected to serious limitations. In this (...) article, the authors review the historical development and the main elements of the EQF. Then, they analyze the gradual elimination of ethics within the EQF. Finally, they highlight the implications of this gradual elimination and propose avenues for further research. (shrink)

Hip hop has grown into a worldwide genre in recent decades, often being associated with issues of race and class. However, as research on ‘hip hop feminism’ in the US context demonstrates, the categories of gender and sexuality are no less fundamental. In the growing body of international hip hop research, though, questions about gender have been relatively absent, and relatively little is known about how gender norms are negotiated and challenged in hip hop in Europe. This article seeks to (...) contribute to filling this gap in the literature by exploring how women negotiate the gender norms of hip hop in the case of Sweden. To this end, rap lyrics by 12 female rap artists are analysed through poststructuralist discourse analysis. The analysis focuses on intersectionality, feminism within and beyond hip hop, as well as the possibilities and limitations of female masculinity. It is shown how the masculine norms of the genre are simultaneously resisted and resignified as many female rappers incorporate some elements commonly associated with masculinity but mobilize them in their challenging of masculine norms. In this way, complying with the genre interestingly produces a hard and explicit feminism in which ‘all sexist pigs will be slaughtered”. (shrink)

The great majority of species that lived on this earth have gone extinct. These extinctions are often explained by invoking changes in the environment, to which the species has been unable to adapt. Evolutionary suicide is an alternative explanation to such extinctions. It is an evolutionary process in which a viable population adapts in such a way that it can no longer persist. In this paper different models, where evolutionary suicide occurs are discussed, and the theory behind the phenomenon is (...) reviewed. (shrink)

Receiving information about threats to one’s health can contribute to anxiety and depression. In contemporary medical ethics there is considerable consensus that patient autonomy, or the patient’s right to know, in most cases outweighs these negative effects of information. Worry about the detrimental effects of information has, however, been voiced in relation to public health more generally. In particular, information about uncertain threats to public health, from—for example, chemicals—are said to entail social costs that have not been given due consideration. (...) This criticism implies a consequentialist argument for withholding such information from the public in their own best interest. In evaluating the argument for this kind of epistemic paternalism, the consequences of making information available must be compared to the consequences of withholding it. Consequences that should be considered include epistemic effects, psychological effects, effects on private decisions, and effects on political decisions. After giving due consideration to the possible uses of uncertain information and rebutting the claims that uncertainties imply small risks and that they are especially prone to entail misunderstandings and anxiety, it is concluded that there is a strong case against withholding of information about uncertain threats to public health. (shrink)

In this article, I challenge the widespread presumption that a child should have exactly two parents. I consider the pros and cons of various numbers of parents for the people most directly affected – the children themselves and their parents. The number of parents, as well as the ratio of parents to children, may have an impact on what resources are available, what relationships can develop between parents and children, what level of conflict can be expected in the family, as (...) well as the costs involved in parenting and the experience of parenting a child. Indirectly, there is also an effect on who will have the opportunity to be a parent, as well as on wider social issues that I mention but do not discuss. Having considered all these factors, I conclude that there is some reason to believe that three or more parents is usually better than one or two, especially if children are to have siblings, which is typically beneficial. However, these reasons are not strong enough to support a general presumption in favor of any particular number. We should therefore jettison the two‐parent presumption and make different numbers of parents more socially accepted as well as legally possible. (shrink)

The debate for and against making e-cigarettes available to smokers is to a large extent empirical. We do not know the long-term health effects of vaping and we do not know how smokers will respond to e-cigarettes over time. In addition to these empirical uncertainties, however, there are difficult moral issues to consider. One such issue is that many smokers in some sense choose to smoke. Though smoking is addictive and though many start young, it does not seem impossible to (...) plan for and implement cessation. Yet many choose not to do so and we arguably have some reason to respect this choice. I propose that liberal opposition to strict tobacco control, based on respect for choice, is mitigated when e-cigarettes are available, since they are such a close substitute. Making e-cigarettes available to smokers might therefore not only enable switching in practice, but may make tougher tobacco control more justified. Another moral issue is that making e-cigarettes widely available might induce many people to vape, who would otherwise have neither vaped nor smoked. If this is so, the price of using e-cigarettes to accelerate smoking cessation may be a long-term vaping epidemic. Since vaping is less harmful than smoking, both individuals and society will have less reason to end this epidemic and so it may endure longer than the smoking epidemic would otherwise have done. This raises further questions around the weighing of reduced harm to current smokers against increased harm to future vapers. (shrink)

Multiple studies show that periodic reanalysis of genomic test results held by clinical laboratories delivers significant increases in overall diagnostic yield. However, while there is a widespread consensus that implementing routine reanalysis procedures is highly desirable, there is an equally widespread understanding that routine reanalysis of individual patient results is not presently feasible to perform for all patients. Instead, researchers, geneticists and ethicists are beginning to turn their attention to one part of reanalysis—reinterpretation of previously classified variants—as a means of (...) achieving similar ends to large-scale individual reanalysis but in a more sustainable manner. This has led some to ask whether the responsible implementation of genomics in healthcare requires that diagnostic laboratories routinely reinterpret their genomic variant classifications and reissue patient reports in the case of materially relevant changes. In this paper, we set out the nature and scope of any such obligation, and analyse some of the main ethical considerations pertaining to a putative duty to reinterpret. We discern and assess three potential outcomes of reinterpretation—upgrades, downgrades and regrades—in light of ongoing duties of care, systemic error risks and diagnostic equity. We argue against the existence of any general duty to reinterpret genomic variant classifications, yet we contend that a suitably restricted duty to reinterpret ought to be recognised, and that the responsible implementation of genomics into healthcare must take this into account. (shrink)

In a contractual firm–stakeholder relationship the participants are expected to act according to the agreement and for mutual benefit. By acting against the agreement at the expense of the other participant, however, may result in higher individual profits within a short period of time. Building on the unlocked iterated prisoner’s dilemma (PD) setting, Scanlon’s [Scanlon, T.␣M.: 1998, What We Owe to Each Other (Belknap Press of Harvard University Press, Cambridge, Mass)] version of contractualism, and the social dilemma literature, this article (...) considers what types of behaviors should be followed by both parties in an established firm–stakeholder relationship in order to reach an outcome that is defensible both in terms of morality and viability. It is argued that a normative foundation, which advises firms and stakeholders to ground their behavior on principles that could not reasonably be rejected by others, forms a basis for moral and viable behavior that can be expressed in the form of a strategic rule that excludes defection and utilizes the option to exit in response to the other participant’s defection. Then, a set of testable propositions is developed that describe how a firm and its stakeholders can further promote moral and viable relationships. (shrink)

Advances in DNA technology and the discovery of DNA polymorphisms have permitted the creation of DNA databases of individuals for the purpose of criminal investigation.Many ethical and legal problems arise in the preparation of a DNA database, and these problems are especially important when one analyses the legal regulations on the subject.In this paper three main groups of possibilities, three systems, are analysed in relation to databases. The first system is based on a general analysis of the population; the second (...) one is based on the taking of samples for a particular list of crimes, and a third is based only on the specific analysis of each case. The advantages and disadvantages of each system are compared and controversial issues are then examined. We found the second system to be the best choice for Spain and other European countries with a similar tradition when we weighed the rights of an individual against the public's interest in the prosecution of a crime. (shrink)

The use of genomic testing in pregnancy is increasing, giving rise to questions over how the information that is generated should be offered and returned in clinical practice. While these tests provide important information for prenatal decision-making, they can also generate information of uncertain significance. This paper critically examines three models for approaching the disclosure of variants of uncertain significance (VUS), which can arise from forms of genomic testing such as prenatal chromosomal microarray analysis (CMA). Contrary to prevailing arguments, we (...) argue that respect for reproductive autonomy does not justify adopting a model on which an offer to disclose VUS is a routine part of genetic counselling. Instead, we contend that a commitment both to solidarity between healthcare providers and pregnant women and to the acceptance of a novel principle of caution under normative uncertainty means that we should instead adopt a model of VUS disclosure that imposes a strong presumption against offering to disclose VUS. The upshot of this is that it should be standard practice to only offer to disclose VUS when this is requested by the woman undergoing CMA. We defend our position against claims that arise from an alleged right to such information and that a presumption against an offer will lead to inequity. (shrink)

Conceptions of autonomy in western philosophy and ethics have often centred on self-governance and self-determination. However, a growing bulk of literature also questions such conceptions, including the understanding of the autonomous self as a self-governing independent individual that chooses, acts, and lives in accordance with her or his own values, norms, or sense of self. This article contributes to the critical interrogation of selfhood, autonomy, and autonomous decision making by combining a feminist focus on relational dimensions of selfhood and autonomy (...) with phenomenological philosophy of the embodied self as being-in-the-world. It offers a philosophical investigation of different dimensions of bodily relational autonomy by turning to phenomenological accounts of the lived body as self-reflexive. When so doing, we hope to contribute to bridging the gap that sometimes exists between discussions of autonomy in analytic moral philosophy and of freedom and facticity in phenomenological philosophy. We see this gap as unfortunate, and hold that a nuanced understanding of autonomy and autonomous decision making can be reached if these strands of philosophy are brought into dialogue. (shrink)

In recent years, a great deal of evidence has accumulated on the health risks and environmental impacts of some herbicides. Both conventional agriculture and agroecology are searching for alternatives to address the challenges posed by the consequences of herbicide use. In this search, peasant and indigenous agroecosystems have much to contribute since their crops evolved thousands of years ago together with diverse communities of weeds, and farmers have carried out sophisticated strategies to manage them. Through participant observation, semi-structured interviews, free (...) lists, and botanical collection, we document a milpa design that integrates and manages spontaneous vegetation to take advantage of its presence and minimize risks of crop loss. The objective of this article is to critically contrast agroecological mechanisms in this milpa design which matches the prevention principle with a set of recommendations recognized as preventive in conventional weed science. (shrink)

_Phenomenological insights into health issues relating to bodily self-experience, normality and deviance, self-alienation, and objectification._.

Advances in genetic diagnostics lead to more patients being diagnosed with hereditary conditions. These findings are often relevant to patients’ relatives. For example, the success of targeted cancer prevention is dependent on effective disclosure to relatives at risk. Without clear information, individuals cannot take advantage of predictive testing and preventive measures. Against this background, we argue that healthcare professionals have a duty to make actionable genetic information available to their patients’ at-risk relatives. We do not try to settle the difficult (...) question of how this duty should be balanced against other duties, such as the duty of confidentiality and a possible duty not to know one’s genetic predisposition. Instead, we argue for the importance of recognising a general responsibility towards at-risk relatives, to be discharged as well as possible within the limits set by conflicting duties and practical considerations. According to a traditional and still dominant perspective, it is the patient’s duty to inform his or her relatives, while healthcare professionals are only obliged to support their patients in discharging this duty. We argue that this perspective is a mistake and an anomaly. Healthcare professionals do not have a duty to ensure that their patients promote the health of third parties. It is often effective and desirable to engage patients in disseminating information to their relatives. However, healthcare professionals should not thereby deflect their own moral responsibility. (shrink)

En estas páginas se reúnen tres trabajos elaborados en diferentes fechas, pero estrechamente interrelacionados bajo la intención global de aportar algunos elementos a la evaluación de las opciones metodológicas y epistemológicas en el campo de la investigación en Ciencias Sociales. Esos tres escritos nacen de la preocupación por los riesgos a que se ven expuestos los procesos de producción de conocimientos en el área social, sobre todo si consideramos que, dadas ciertas circunstancias del debate epistemológico actual, casi a diario aparecen (...) ofertas bajo la con?signa del nuevo paradigma o del paradigma emergente. Ante estas ofertas suele ocurrir que unos se muestran entusiasmados y otros incrédulos, pero muy pocos, relativamente, se dedican a evaluarlas. Así, sin evaluar las distintas opciones, la investigación social podría llegar a extremos de li?bertinaje académico, inoperancia y descrédito, incumpliendo de ese modo con el delicado compromiso que tienen los investigadores -tesistas, tuto?res y profesores- con respecto a las necesidades de la sociedad actual. En general, el supuesto inicial más importante aquí es que no pode?mos asumir ciegamente una determinada oferta metodológica y epistemo?lógica, por atractiva que parezca, si previamente no la sometemos a una crítica dura, desinteresada y honesta. Bajo esos términos, tomando en cuenta el predominio y la creciente influencia que han llegado a ejercer las propuestas del «paradigma emergente» sobre noveles investigadores sin que éstos dispongan de un cuerpo amplio de contrargumentaciones y señalamientos divergentes, los trabajos aquí presentados se orientan a deslindar aspectos que parecen significativos para una crítica severa y puntual. Esto es aun más urgente si consideramos que, apartando el caso de muchos investigadores respetables y serios que trabajan bajo la óptica del paradigma emergente, recientemente han pululado las posiciones anárqui?cas y descabelladas que también se declaran bajo esa misma óptica. Y, según parece, es aquí donde late un importante peligro para la investiga?ción social. Esperamos que de los trabajos aquí recogidos puedan también deducirse esas diferencias. (shrink)

This paper concerns the judgement and critique of athletic movement in moving images. Inspired by the ski crash trial case of Paltrow v. Sanderson, and by comparing different media representations of downhill skiing, the essay outlines a framework that discerns as well as connects elements of movement and images, developing the concept of the ‘diorama’ in relation to Deleuze’s notion of the diagram and Kant’s idea of critique. Thus, moving images featuring elite alpine skier Mikaela Shiffrin, fictional character James Bond, (...) and an official skiing game for the international ski federation (World Cup Ski Racing, FIS) figure as comparative material to the animation that played a central role in the celebrity trial. Diorama and diagram are posited on a continuum to assess when and how judgement takes place in each of the exhibits. The essay concludes by discussing how the judging of athletic movement in moving images contributed to Paltrow winning the case, and theoretically by connecting this finding to dioramas and diagrams as tools apt for a framework aiming at the critique of athletic movement in moving images. (shrink)

It is generally agreed upon that Grice's causal theory of perception describes a necessary condition for perception. It does not describe sufficient conditions, however, since there are entities in causal chains that we do not perceive and not all causal chains yield perceptions. One strategy for overcoming these problems is that of strengthening the notion of causality. Another is that of specifying the criteria according to which perceptual experiences should match the way the world is. Finally, one can also try (...) to provide sufficient conditions by elaborating on the content of perceptual experiences. These different strategies are considered in this paper, with the conclusion that none of them is successful. However, a careful examination of their problems points towards the general solution that we outline at the end. (shrink)

The existence of a firm can be seen as a necessary condition for the existence of stakeholders. However, in the stakeholder literature, the firm has remained a relatively underdeveloped and fuzzy construct. In this essay, we examine how the firm has been conceptualized (explicitly or implicitly) in earlier research and suggest that, at least in stakeholder thinking, the firm can be considered as having an emergent nature. We elaborate this idea by building on the resent philosophical discussions of emergence and, (...) as a result, propose the emergentist stakeholder model of the firm. (shrink)

In discussions concerning intersubjectivity the notion of expression has come to play a part of increasing significance. Expression shifts our point of departure away from subjectivity as something mysterious hidden within the body to subjectivity as altogether embodied and embedded in the world. In this article I engage writings by Maurice Merleau-Ponty to argue that expression is essentially something that happens in a communicative space in between self and other while at the same time giving rise to both. I show (...) how locating expression in a shared space between self and other is a way of emphasizing that self and other are not only expressive of selfhood, but are also expressed by one another and emerge in relation to one another. I point to this understanding of expression as a way of recognizing that there is both a fundamental reciprocity and asymmetry between self and other. (shrink)

This essay concerns the place of e-sport in the history of sport. E-sport is construed as an entity in this corpus, by seeking out historical counterparts that display similar forms of play and organisation. Thus, ancient Roman games are identified as an early instance of what could be called public gaming, i.e. competitive digital games in a public setting. Two recent philosophical statements regarding the history of sport furnish the point of departure of the analysis: Steven Connor's historicising of the (...) term sport, and Heather Reid's treatise of virtue in the games and athletics of antiquity. The varying content of sport in its course through time is discussed foremost in relation to how the human and nonhuman elements have been organised. In order to settle the role of public gaming in the history of sport, two aspects of Roman games are highlighted to 'fabricate' its legacy in the history of e-sport: Pollice Verso and simulations. It is concluded that the way Roman games ha... (shrink)

The philosophical debate on paternalism is conducted as if the property of being paternalistic should be attributed to actions. Actions are typically deemed to be paternalistic if they amount to some kind of interference with a person and if the rationale for the action is the good of the person interfered with. This focus on actions obscures the normative issues involved. In particular, it makes it hard to provide an analysis of the traditional liberal resistance to paternalism. Given the fact (...) that actions most often have mixed rationales, it is not clear how we should categorize and evaluate interfering actions for which only part of the rationale is the good of the person. The preferable solution is to attribute the property of being paternalistic not to actions, but to compounds of reasons and actions. The framework of action–reasons provides the tools for distinguishing where exactly paternalism lies in the complex web of reasons and actions. (shrink)

In recent years, many disciplines have become interested in the scientific study of morality. However, a conceptual framework for this work is still lacking. In The Moral Background, Gabriel Abend develops just such a framework and uses it to investigate the history of business ethics in the United States from the 1850s to the 1930s. According to Abend, morality consists of three levels: moral and immoral behavior, or the behavioral level; moral understandings and norms, or the normative level; and (...) the moral background, which includes what moral concepts exist in a society, what moral methods can be used, what reasons can be given, and what objects can be morally evaluated at all. This background underlies the behavioral and normative levels; it supports, facilitates, and enables them. Through this perspective, Abend historically examines the work of numerous business ethicists and organizations--such as Protestant ministers, business associations, and business schools--and identifies two types of moral background. "Standards of Practice" is characterized by its scientific worldview, moral relativism, and emphasis on individuals' actions and decisions. The "Christian Merchant" type is characterized by its Christian worldview, moral objectivism, and conception of a person's life as a unity. The Moral Background offers both an original account of the history of business ethics and a novel framework for understanding and investigating morality in general. (shrink)

A number of ethical frameworks have been proposed to support decision-making in public health and the evaluation of public health policy and practice. This is encouraging, since ethical considerations are of paramount importance in health policy. However, these frameworks have various deficiencies, in part because they incorporate substantial ethical positions. In this article, we discuss and criticise a framework developed by James Childress and Ruth Bernheim, which we consider to be the state of the art in the field. Their framework (...) distinguishes aims, such as the promotion of public health, from constraints on the pursuit of those aims, such as the requirement to avoid limitations to liberty, or the requirement to be impartial. We show how this structure creates both theoretical and practical problems. We then go on to present and defend a more practical framework, one that is neutral in avoiding precommitment to particular values and how they ought to be weighted. We believe ethics is at the very heart of such weightings and our framework is developed to reflect this belief. It is therefore both pluralist and value-based. We compare our new framework to Childress and Bernheim’s and outline its advantages. It is justified by its impetus to consider a wide range of alternatives and its tendency to direct decisions towards the best alternatives, as well as by the information provided by the ranking of alternatives and transparent explication of the judgements that motivate this ranking. The new framework presented should be useful to decision-makers in public health, as well as being a means to stimulate further reflection on the role of ethics in public health. (shrink)

Some philosophers of religion have argued that moral anti-theodicy begs the question. This paper evaluates the arguments from two such philosophers, writing a decade apart—Robert Mark Simpson, and Lauri Snellman. Simpson argues that any global argument against theodicy must allow for the possibility of there existing a plausible theodicy, and that anti-theodical arguments (the argument from insensitivity, the argument from detachment, and the argument from harmful consequences) all implicitly discount this possibility, thus ending up begging the question. Snellman argues that (...) moral anti-theodicies presuppose that some evils cannot be justified, which would presuppose that theodicy is false from the start, which in turn would beg the question against theodicy. The author of the paper argues that Simpson’s arguments rest on an erroneous assumption regarding the nature of anti-theodicy, and that one of Simpson’s arguments sets a problematic standard for argumentation that the author argues we should not accept. It is also argued that Snellman’s argument relies on an unsupported claim from Toby Betenson. Therefore, the author concludes that Simpson and Snellman have not managed to show that moral anti-theodicies beg the question. (shrink)

Localization Wireless Sensor Networks (WSN) represent a research topic with increasing interest due to their numerous applications. However, the viability of these systems is compromised by the attained localization uncertainties once implemented, since the network performance is highly dependent on the sensors location. The Node Location Problem (NLP) aims to obtain the optimal distribution of sensors for a particular environment, a problem already categorized as NP-Hard. Furthermore, localization WSN usually perform a sensor selection for determining which nodes are to be (...) utilized for maximizing the achieved accuracy. This problem, defined as the Sensor Selection Problem (SSP), has also been categorized as NP-Hard. While different metaheuristics have been proposed for attaining a near optimal solution in both problems, no approach has considered the two problems simultaneously, thus resulting in suboptimal solutions since the SSP is biased by the actual node distribution once deployed. In this paper, a combined approach of both problems simultaneously is proposed, thus considering the SSP within the NLP. Furthermore, a novel metaheuristic combining the Black Widow Optimization (BWO) algorithm and the Variable Neighbourhood Descent Chains (VND-Chains) local search, denominated as BWO-VND-Chains, is particularly devised for the first time in the author’s best knowledge for the NLP, resulting in a more efficient and robust optimization technique. Finally, a comparison of different metaheuristic algorithms is proposed over an actual urban scenario, considering different sensor selection criteria in order to attain the best methodology and selection technique. Results show that the newly devised algorithm with the SSP criteria optimization achieves mean localization uncertainties up to 19.66 % lower than traditional methodologies. (shrink)

On September 19th, 2005, an Spanish blogger wrote a post against blog nets. In that post he showed a kierkegaardian interpretation of blogging issue. It was the first time someone was using strictly philosophical categories in the blogosphere. On 2006, February, the 23rd, Rafael Herrera Guillén made a philosophical dramatization about this issue in a game of heteronyms.

Lifelong smokers lose on average a decade of life vis-à-vis non-smokers. Globally, tobacco causes about 5–6 million deaths annually. One billion tobacco-related deaths are predicted for the 21st century, with about half occurring before the age of 70. In this paper, we consider a complete ban on the sale of cigarettes and find that such a ban, if effective, would be justified. As with many policy decisions, the argument for such a ban requires a weighing of the pros and cons (...) and how they impact on different individuals, both current and future. The weightiest factor supporting a ban, we argue, is the often substantial well-being losses many individuals suffer because of smoking. These harms, moreover, disproportionally affect the disadvantaged. The potential gains in well-being and equality, we argue, outweigh the limits a ban places on individuals’ freedom, its failure to respect some individuals’ autonomous choice and the likelihood that it may, in individual cases, reduce well-being. (shrink)

I first distinguish four types of objection to paternalism and argue that only one – the principled objection – amounts to a substantive and distinct normative doctrine. I then argue that this doctrine should be understood as preventing certain facts from playing the role of reasons they would otherwise play. I explain how this filter approach makes antipaternalism independent of several philosophical controversies: On the role reasons play, on what reasons there are, and on how reasons are related to values. (...) I go on to contrast the filter approach with the competing and dominant action-focused approach, which understands objections to paternalism in terms of paternalistic action, behavior, law, policy and the like. Seana Shiffrin and Peter de Marneffe are singled out as prominent recent proponents of this approach. By engaging with their definitions of paternalism, I explain how the action-focused approach makes antipaternalism dependent on the sorting of actions into paternalistic and nonpaternalistic according to what reasons support them. Because one and the same action can be supported by many different reasons, and by different sorts of reasons, such sorting is very difficult. The upshot is that antipaternalism on the action-focused account fails to provide the precise normative implications of the filter approach that I favor. (shrink)

Contemporary population ethics is dominated by views that aggregate by summing, whether of well-being or of some construct based on well-being. In contrast, average well-being is generally considered axiologically irrelevant. To many of us, however, the number of future people does not seem important, as long as it is sufficient to enable rich and varied life experiences, and as long as the population continues throughout time. It therefore seems relatively plausible to aggregate future well-being by averaging. In particular, it seems (...) plausible to value high average well-being at any particular time, and to do so for all future times. I present a time-sensitive version of the Average View that underpins such axiological intuitions. I also address a series of issues and objections that confront such a view. (shrink)

We give two social aggregation theorems under conditions of risk, one for constant population cases, the other an extension to variable populations. Intra and interpersonal welfare comparisons are encoded in a single ‘individual preorder’. The theorems give axioms that uniquely determine a social preorder in terms of this individual preorder. The social preorders described by these theorems have features that may be considered characteristic of Harsanyi-style utilitarianism, such as indifference to ex ante and ex post equality. However, the theorems are (...) also consistent with the rejection of all of the expected utility axioms, completeness, continuity, and independence, at both the individual and social levels. In that sense, expected utility is inessential to Harsanyi-style utilitarianism. In fact, the variable population theorem imposes only a mild constraint on the individual preorder, while the constant population theorem imposes no constraint at all. We then derive further results under the assumption of our basic axioms. First, the individual preorder satisfies the main expected utility axiom of strong independence if and only if the social preorder has a vector-valued expected total utility representation, covering Harsanyi’s utilitarian theorem as a special case. Second, stronger utilitarian-friendly assumptions, like Pareto or strong separability, are essentially equivalent to strong independence. Third, if the individual preorder satisfies a ‘local expected utility’ condition popular in non-expected utility theory, then the social preorder has a ‘local expected total utility’ representation. Fourth, a wide range of non-expected utility theories nevertheless lead to social preorders of outcomes that have been seen as canonically egalitarian, such as rank-dependent social preorders. Although our aggregation theorems are stated under conditions of risk, they are valid in more general frameworks for representing uncertainty or ambiguity. (shrink)

Paternalism means, roughly, benevolent interference: benevolent because it aims at promoting or protecting a person’s good; interference because it restricts his liberty without his consent. The paternalist believes herself superior in that she can secure some benefit for the person that he himself will not secure. Paternalism is opposed by the liberal tradition, at least when it targets sufficiently voluntary behavior. In legal contexts, policies may be paternalistic for some and not for others, forcing trade-offs. In medical contexts, paternalism can (...) be an open or hidden aspect of the relationship between caregiver and patient. (shrink)

This article first describes a dilemma for liberalism: On the one hand restricting their own options is an important means for groups of people to shape their lives. On the other hand, group members are typically divided over whether or not to accept option-restricting solutions or policies. Should we restrict the options of all members of a group even though some consent and some do not? This dilemma is particularly relevant to public health policy, which typically target groups of people (...) with no possibility for individuals to opt out. The article then goes on to propose and discuss a series of aggregation rules for individual into group consent. Consideration of a number of scenarios shows that such rules cannot be formulated only in terms of fractions of consenters and non-consenters, but must incorporate their motives and how much they stand to win or lose. This raises further questions, including what is the appropriate impact of altruistic consenters and non-consenters, what should be the impact of costs and benefits and whether these should be understood as gross or net. All these issues are dealt with in a liberal, anti-paternalistic spirit, in order to explore whether group consent can contribute to the justification of option-restricting public health policy. (shrink)