The aim of this paper is to take a close look at some little discussed aspects of the kalam cosmological argument, with a view to deciding whether there is any reason to believe the causal principle on which it rests (“Whatever begins to exist must have a cause”), and also with a view to determining what conclusions can be drawn about the nature of the First Cause of the universe (supposing thatthere is one). I am particularly concerned with the (...) problems that arise when it is assumed (as it often is) that that the First Cause is timeless and that it timelessly creates time. I argue that this forces the defender of the kalam argument to analyze the concept of “beginning to exist” in a way that raises series doubts about its main causal principle, and that it also undercuts the main argument for saying that the cause of the universe must be a person. (shrink)

The aim of this paper is to take a close look at some little discussed aspects of the kalam cosmological argument, with a view to deciding whether there is any reason to believe the causal principle on which it rests (“Whatever begins to exist must have a cause”), and also with a view to determining what conclusions can be drawn about the nature of the First Cause of the universe (supposing thatthere is one). I am particularly concerned with the (...) problems that arise when it is assumed (as it often is) that that the First Cause is timeless and that it timelessly creates time. I argue that this forces the defender of the kalam argument to analyze the concept of “beginning to exist” in a way that raises series doubts about its main causal principle, and that it also undercuts the main argument for saying that the cause of the universe must be a person. (shrink)

In defense of his claim that the universe must have been created, William Lane Craig gives two distinct philosophical arguments against the possibility of an infinite past. The first appeals to various paradoxes allegedly generated by the idea of an actual infinite. The second appeals to a dynamic theory of the nature of time, and tries to show on that basis that an infinite series of events could not have been “formed by successive addition.” The present paper is concerned (...) with the second of these two arguments. I try to show that it cannot stand on its own independently of the first argument, that Craig does not succeed in defending it against standard objections, and that even those who are inclined to accept a dynamic theory of time should not be convinced by what Craig says in its defense. (shrink)

Sober develops an account of adaptations on which they must have been positive causal factors for reproductive success. Glymour defends an account of a proper subset of adaptations—adaptations to particular environmental conditions—on which traits must interact in a special way with adapting conditions to cause reproductive success. These theories render conflicting judgments about which traits count as adaptations in some interesting cases. In this article I explore one such case and argue that we ought to replace the notion (...) of adaptation qua positive causal factor with a novel notion of adaptation. (shrink)

Only recently have historians explored in depth the role of the medical profession in Nazi Germany. Several recent works reveal that physicians joined the Nazi party in disproportionate numbers and lent both their efforts and their authority to Nazi eugenic and racist programs. While the crimes of the physician Mengele and a few others are well known, recent research points to a much broader involvement by the profession, even in its everyday clinical work. Analogous activities existed in the German legal (...) and industrial communities; disruption of the medical ethic thus sprang from the broader social contexts of Nazi Germany. The new United States Holocaust Memorial Museum, now opening on the Mall in Washington, D.C, will have an opportunity to educate the public about both the great crimes at Auschwitz and other camps, and the gradual but thorough degradation of ethics in the German medical profession. From this presentation, contemporary bioethics can ponder the proper use of the Nazi analogy in bioethical debate. (shrink)

-- Immanuel Kant (Kant 1990, p. 46/429) The idea that our most basic duty is to treat each other with respect is one of the Enlightenment’s greatest legacies and Kant is often thought to be one of its most powerful defenders. If Kant’s project were successful then the lofty notion that humanity is always worthy of respect would be vindicated by pure practical reason. Further, this way of defending the ideal is supposed to reflect our autonomy, insofar as it is (...) always one’s own reason that demands that one treat humanity with respect. In this article, I consider what I take to be one of the most important and compelling attempts to defend the Kantian project. I draw the disappointing conclusion that this attempt does not succeed. The reasons this attempt fails shed some light on the difficulties facing any attempt to defend the Kantian project. (shrink)

This paper excavates a debate concerning the claims of ordinary language philosophers that took place during the middle of the last century. The debate centers on the status of statements about ‘what we say’. On one side of the debate, critics of ordinary language philosophy argued that statements about ‘what we say’ should be evaluated as empirical observations about how people do in fact speak, on a par with claims made in the language sciences. By that standard, ordinary language philosophers (...) were not entitled to the claims that they made about what we would say about various topics. On the other side of the debate, defenders of the methods of ordinary language philosophy sought to explain how philosophers can be entitled to statements about what we would say without engaging in extensive observations of how people do in fact use language. In this paper, I defend the idea that entitlement to claims about what we say can be had in a way that doesn’t require empirical observation, and I argue that ordinary language philosophers are engaged in a different project than linguists or empirically minded philosophers of language, which is subject to different conditions of success. (shrink)

Investment protection clauses, and the investor-state dispute settlement mechanisms they enable, have become a common feature of international agreements on trade and investment. Intended to promote foreign investment, these protections may also discourage governments from regulating in the public interest. This raises challenging normative questions about the rights of investors and distributive justice. In this paper, I argue that a global investment regime that disadvantages developing countries and socially disadvantaged groups is prima facie unfair. This conclusion must be defended (...) against the claim that investors have certain independent moral rights to have their property protected, regardless of the distributive consequences. Granting the premise that such investor rights exist, I argue that these cannot plausibly ground a general rule against public interest regulation that undermines the value of property. I conclude that even if foreign investors have rights that must be safeguarded, the current investment regime must be reformed. (shrink)

The Marquis de Sade has been labeled everything from a sadomasochistic pornographer to the fiction writer responsible for the ideas that led to the Nazi death camps. Must We Burn Sade? peels away the negative legacy that has shrouded Sade for too long. Deepak Narang Sawhney points out that "Sade's legacy has been neglected, recreated, fictionalized, and venerated by medical guilds, literary hacks, religious detractors, and intellectual movements. In the past two centuries, Sade has come to represent many things (...) for many people.... It is unclear whether we know Sade the writer or the apparatus which has been set up to either condemn or to sanctify his life and work." By contrast, this intriguing collection of essays seeks to examine Sade for what he was—a writer of novels and letters, a creator of plays and stories, and an author of essays and political manifestos. The contributors examine the literary, theatrical, political, social, and philosophical aspects of Sade's work, acquitting him of the false accusations and trials that have plagued his name by revealing his influences and motivations, and by providing an understanding of society's fear of Sade. What is so alarming about Sade's books that civilized society has felt compelled to disassociate itself from his works? This volume forces us to rethink Sade. Included are essays by Kathy Acker, David Allison, Georges Bataille, Catherine Cusset, Lucienne Frappier-Mazur, Annie Le Brun, Alphonso Lingis, Stephen Pfohl, Deepak Narang Sawhney, Philippe Sollers, and Alistair Welchman. (shrink)

This paper offers a brief reply to William Morgan’s critique of my review of Andrei Marmor’s Social Conventions . Morgan’s principal critique is that I am wrong to think that the constitutive rules of games do not determine their aims and values. In particular, with regards to chess, Morgan argues that the rules of chess determine that the aim of playing chess is to win the game. I defend my position that one can play the game of chess without (...) the aim of winning - e.g. one can aim to play beautifully, and not, as Morgan suggests, only to win beautifully. More broadly, I argue for an account of games that is sensitive to the gap between playing and the game’s constitutive rules. Ultimately, the argument points to the descriptive priority for the social sciences of the concept of ‘play’ over the concept of games understood as ‘rule-governed domains’. (shrink)

How much are we morally required to do to aid others? After articulating some of the main contributions to this debate, I defend the position that we are sometimes morally permitted to spend our time and resources satisfying our own interests and needs rather than using them to aid others who are in desperate need. I argue that the duty to aid the needy should not always take priority over every other end we have. Whatever else we value, we (...) most highly value the ability and opportunity to live our lives on our own terms; this grounds both our obligation to aid others and places limits on how far these obligations ought to extend. Persons ought to respect others and fulfill their moral obligations but they must also be given the moral space to set ends and pursue those ends just because they are theirs. (shrink)

The 2016 US presidential election exposed rising xenophobic and nationalist sentiment within the United States and other democratic countries. As populist movements grow, democratic freedoms erode. We Resist demonstrates that the things we often take for granted--safety, family, employment, health, a promising future--are under attack, and we must fight to preserve these resources before it's too late. We are currently witnessing the dismantlement of social programs, growing disinterest in international cooperation, and the devaluation of evidence-based knowledge. This disturbing shift (...) in politics is leading to increased national security measures, violations to basic human rights, and widening social and economic inequalities. The rise of far-right populism brings with it intolerance of ethnic, sexual, and all other minority groups, and a rejection of democratic society. We Resist gathers the compelling perspectives of scholars and activists who are deeply embedded within political and community struggles, who participate in policy decisions, and who are engaged in research that advances those struggles. An essential and timely book, We Resist confronts the problems we face as a human community and impels a cross-sectoral movement to defend our rights and revitalize the common good. "Into a world of bully-boy heads of state and the rise of xenophobic right-wing populism, comes this important collection reminding us that the common good is still attainable, if fragile. It depends on our ability to work collectively, to build community and to cherish our diversity, always advocating for human rights, respect and dignity. This collection of the best of Canadian values is a gift to the world in its time of need." Maude Barlow, chairperson for the Council of Canadians and author of Boiling Point: Government Neglect, Corporate Abuse, and Canada's Water Crisis. (shrink)

The Doomsday Argument is alive and kicking, and since its formulation in the beginning of the Eighties by the astrophysicist Brandon Carter it has gained wide attention, been strongly criticized and has been described in many different, and sometimes non-interchangeable analogies. I will briefly present the argument here, and departing from Nick Bostrom's interpretation, I will defend that doom may be sooner than we think if we start building conscious machines soon in the future.

In this paper I present and defend a highly demanding principle of justice in education that has not been seriously discussed thus far. According to the suggested approach, “all the way equality”, justice in education requires nothing short of equal educational outcome between all individual students. This means not merely between equally able children, or between children from different groups and classes, but rather between all children, regardless of social background, race, sex and ability. This approach may seem implausible (...) at first, due to the far-reaching implications it entails, primarily its requirement to deny better-off children their advantage for the sake of equality. However the paper argues that all-the-way-equality, in fact, does a better job realizing the goals of justice in education than alternative conceptions of justice. It is further argued that at least some of the principle’s most radical consequences, those that make it seem counterintuitive, can be mitigated by balancing all-the-way-equality with competing interests. (shrink)

Why must we respect others’ rights to dispute scientific knowledge such as that the Earth is round, or that humans evolved, or that anthropogenic greenhouse gases are warming the Earth? In this paper, I argue that in On Liberty Mill defends the freedom to dispute scientific knowledge by appeal to a novel social epistemic rationale for free speech that has been unduly neglected by Mill scholars. Mill distinguishes two kinds of epistemic warrant for scientific knowledge: 1) the positive, direct (...) evidentiary warrant that scientific experts construct for their knowledge by applying the methods Mill had set out in his A System of Logic, Ratiocinative and Inductive, and 2) a social testimonial warrant that the non-expert “public” has for what Mill refers to as their “rational[ly] assur[ed]” beliefs on scientific subjects. Mill does not argue that scientific claims can never be proven true with complete practical certainty to scientific experts, nor does he argue that scientists must engage in free debate with critics such as flat-earthers in order to fully understand the grounds of their scientific knowledge. Instead, Mill argues that in the absence of the freedom to dispute scientific knowledge, non-experts cannot establish that scientific experts are credible sources of testimonial knowledge. To establish the credibility of scientific expert speakers, non-expert audiences must have a rational assurance, Mill argues, that experts have satisfactory answers to objections that might undermine the positive, direct evidentiary proof of scientific knowledge. But since non-experts cannot distinguish objections that undermine such expert proof from objections that do not, censorship of any objection — even the irrelevant objections of literal or figurative flat-earthers — will prevent non-experts from determining whether scientific expert speakers are credible. Hence, while censoring irrelevant objections would not undermine the positive, direct evidentiary warrant that scientific experts have for their knowledge, doing so would destroy the non-expert, social testimonial warrant for that knowledge. The asymmetry between how expert scientific speakers and non-expert audiences warrant their scientific knowledge is what both generates and necessitates Mill’s social epistemic rationale for the “absolute” freedom to dispute it. (shrink)

A common and popular option in defending Physicalism against the Knowledge Argument is the “phenomenal concept strategy” . PCS claims that, although ex hypothesi Mary knows all the propositions pertaining to color and experiences of color, there is at least space for the claim that she acquires a new concept, and thereby accesses these propositions under different, phenomenal modes of presentation. In short, Mary acquires new concepts upon her release and that explains her “discovery.” Here I will show there is (...) a way of saving Physicalism that does not appeal to PCS in the standard sense but entails that Mary acquires the ability to think a new kind of singular thought. In acquiring this, she gains a kind of indexical, egocentric knowledge. (shrink)

ABSTRACT According to an influential line of argument, the past must be finite because no infinite series can be formed by successive addition. The present paper pinpoints the non sequitur at the heart of this argument, disentangles the ambiguities that disguise it, and dismantles the misleading picture of ‘traversing the infinite’ that gives the argument so much of its allure. Finally, the paper critically explores the related argument that a beginningless series of past events is impossible because there could (...) be no explanation of its having been ‘completed’ at one time rather than another. (shrink)

Brandon claims that to explain adaptation one must specify fitnesses in each selective environment and specify the distribution of individuals across selective environments. Glymour claims, using an example of the adaptive evolution of costly plasticity in a symmetric environment, that there are some predictive or explanatory tasks for which Brandon’s claim is limited. In this paper, I provide necessary conditions for carrying out Brandon’s task, produce a new version of the argument for his claim, and show that Glymour’s reasons (...) for making his claim are problematic. I provide a few interpretations of Glymour’s argument but ultimately raise worries for what I take to be the key premises. (shrink)

Plantinga claims to give a person who is agnostic about the ultimate source of his cognitive faculties an undefeatable defeater for all his beliefs. This argument of Plantinga’s bears a family resemblance to his much better known argument for saying that naturalism is self-defeating, but it has a much more ambitious conclusion. In the present paper, I try to show both that Plantinga’s argument for this conclusion fails, and that even if an “origins agnostic” were to succumb to it, a (...) cure for his skepticism is ready at hand—one that does not involve believing in anything like God. (shrink)

One of the principal lines of argument deployed by the friends of the kalām cosmological argument against the possibility of a beginningless series of events is a quite general argument against the possibility of an actual infinite. The principal thesis of the present paper is that if this argument worked as advertised, parallel considerations would force us to conclude, not merely that a series of discrete, successive events must have a first member, but also that such a series (...) class='Hi'>must have a final member. Anyone who thinks that an endless series of events is possible must therefore reject this popular line of argument against the possibility of an actual infinite. (shrink)

If post-modern philosophy has a spiritual father, this is surely Nietzsche. The great revival of interest in his thought parallels our period’s discomfort with foundational, “metaphysical” thinking. He appeals to our disquiet with talk of essences. Many find his “deconstruction” of science and morality liberating. Above all his doctrine of “perspectivism” has found a general appeal. The pluralism that is its apparent result is attractive to everyone from feminists to defenders of multiculturalism. There is, however, a darker side to Nietzsche. (...) There is the Nietzsche who speaks of the advance in women’s rights as “one of the worst developments in the general uglification of Europe.”[i] This is the same Nietzsche who teaches that “almost everything we call ‘higher culture’ is based on the spiritualization and intensification of cruelty,”[ii] the Nietzsche, who in answer to his question “whither must we direct our hopes,” speaks of preparing “for great enterprises and collective experiments in discipline and breeding so as to make an end of that gruesome domination of chance and nonsense which has hitherto been called ‘history’...”[iii] As much as we would like to forget the fact, this Nietzsche became the icon of the Nazis. (shrink)

In a series of much discussed articles and books, William Lane Craig defends the view that the past could not consist in a beginningless series of events. In the present paper, I cast a critical eye on just one part of Craig's case for the finitude of the past – viz. his philosophical argument against the possibility of actually infinite sets of objects in the ‘real world’. I shall try to show that this argument is unsuccessful. I shall also take (...) a close look at several considerations that are often thought to favour the possibility of an actual infinite, arguing in each case that Craig's response is inadequate. (shrink)

severe and prolonged pain, in heartbreak and destruction, in disloyalty and betrayal, in the suffering of the innocent, in unjust punishment. He has, in short, an intense dislike for anything that you or I might approve of or enjoy. If he had his druthers we'd all be utterly miserable and come to a bad end. Now I' ve certainly never met a demonist, and I suppose we can agree that demonism would be an extraordinarily implausible view. Still, it is worth (...) asking why this is so, What is it that makes demonism so absurd?' In part 1 of this paper, I explore and critically evaluate the suggestion that we know the Demon does not exist because there are so many instances of goodness that such a being would have no apparent "reason" for allowing. Throughout, myAemonist will be helping himself to the "insights" of theists who defend classical theism against a parallel problem — the so-called evidential problem of evil — by claiming that we just don't know enough to make the argument go through. In part 2, I draw out two implications. First, that this purely defensive strategy works just as well for demonism as for theism. And second, that if this approach to the argument from evil works as well as some theists believe, then there is no.. (shrink)

According to a popular objection against epistemic contextualism, contextualists who endorse the factivity of knowledge, the principle of epistemic closure and the knowledge norm of assertion cannot coherently defend their theory without abandoning their response to skepticism. After examining and criticizing three responses to this objection, we offer our own solution. First, we question the assumption that contextualists ought to be interpreted as asserting the content of their theory. Second, we argue that contextualists need not hold that high epistemic (...) standards govern contexts in which they defend their theory. (shrink)

Taking as a test case biblical texts in which the God of Israel commands the destruction other nations, the present paper defends the legitimacy and the necessity of ethical criticism of the Bible. It takes issue with the suggestions of several contemporary Christian philosophers who have recently defended the view that (in Israel’s early history) God had good and morally sufficient reasons for commanding genocide.

Suppose that a majority of jurors decide that a defendant is guilty (or not), and we want to know the likelihood that they reached the correct verdict. The French philosopher Marquis de Condorcet (1743-1794) showed that we can get a mathematically precise answer, a result known as the “Condorcet Jury Theorem.” Condorcet’s theorem isn’t just about juries, though; it’s about collective decision-making in general. As a result, some philosophers have used his theorem to argue for democratic forms of government. This (...) essay explains Condorcet’s theorem and how philosophers have used it as an argument for democracy. (shrink)

The Stoic understanding of virtue is often taken to be a non-starter. Many of the Stoic claims about virtue – that a virtue requires moral perfection and that all who are not fully virtuous are vicious – are thought to be completely out of step with our commonsense notion of virtue, making the Stoic account more of an historical oddity than a seriously defended view. Despite many voices to the contrary, I will argue that there is a way of making (...) sense of these Stoic claims. Recent work in linguistics has shown that there is a distinction between relative and absolute gradable adjectives, with the absolute variety only applying to perfect exemplars. I will argue that taking virtue terms to be absolute gradable adjectives – and thus that they apply only to those who are fully virtuous – is one way to make sense of the Stoic view. I will also show how interpreting virtue theoretic adjectives as absolute gradable adjectives makes it possible to defend Stoicism against its most common objections, demonstrating how the Stoic account of virtue might once again be a player in the contemporary landscape of virtue theorizing. (shrink)

It has been nearly fifty years since the collapse of the Nazi regime; is there any longer a point to presenting for the apprehension and prosecution of surviving Nazi war criminals? In this carefully argued book, Alan Rosenbaum makes it clear that there is. This book is an important contribution to Jewish and Holocaust studies, to political and social thought, and to moral theory, arguing that we must continue to pursue the prosecutorial agenda as an investment in the moral (...) climate in which we wish to live. (shrink)

It is often said that time must have a beginning because otherwise the series of past events would have the paradoxical features of an actual infinite. In the present paper, we show that, even given a dynamic theory of time, the cardinality of an endless series of events, each of which will occur, is the same as that of a beginningless series of events, each of which has occurred. Both are denumerably infinite. So if an endless series of events (...) is possible, then the possibility of a beginningless series of past events should not be rejected merely on the ground that it would be an actual infinite. What would be required to rebut our argument is a symmetry breaker – something that motivates treating the past relevantly differently to the future. We consider several attempts to provide a symmetry breaker and show that none of them is successful. (shrink)

Kuhn's ‘taxonomic conception’ of natural kinds enables him to defend and re-specify the notion of incommensurability against the idea that it is reference, not meaning/use, that is overwhelmingly important. Kuhn's ghost still lacks any reason to believe that referentialist essentialism undercuts his central arguments in SSR – and indeed, any reason to believe that such essentialism is even coherent, considered as a doctrine about anything remotely resembling our actual science. The actual relation of Kuhn to Kripke-Putnam essentialism, is as (...) follows: Kuhn decisively undermines it – drawing upon the inadequacies of such essentialism when faced with the failure of attempts to instantiate in history or contemporaneously its ‘thought-experiment’ – and leaves the field open instead for his own more ‘realistic’, deflationary way of thinking about the operation of ‘natural kinds’ in science. (shrink)

This essay defends a version of the Doctrine of Double Effect (DDE) – the doctrine that there is normally a stronger reason against an act that has a bad state of affairs as one of its intended effects than against an otherwise similar act that has that bad state of affairs as an unintended effect. First, a precise account of this version of the DDE is given. Secondly, some suggestions are made about why we should believe the DDE, and about (...) why it is true. Finally, a solution is developed to the so-called ‘closeness problem’ that any version of the DDE must face. (shrink)

According to the principle of alternate possibilities (PAP), a person is morally responsible for an action only if he could have done otherwise. PAP underlies a familiar argument for the incompatibility of moral responsibility with determinism. I argue that Harry Frankfurt's famous argument against PAP is unsuccessful if PAP is interpreted as a principle about blameworthiness. My argument turns on the maxim that "ought implies can" as well as a "finely-nuanced" view of the object of blame. To reject PAP on (...) the blameworthiness interpretation, we must reject either this maxim or the finely-nuanced view or some other apparently innocuous assumption. (shrink)

This essay defends a version of the Doctrine of Double Effect (DDE) – the doctrine that there is normally a stronger reason against an act that has a bad state of affairs as one of its intended effects than against an otherwise similar act that has that bad state of affairs as an unintended effect. First, a precise account of this version of the DDE is given. Secondly, some suggestions are made about why we should believe the DDE, and about (...) why it is true. Finally, a solution is developed to the so-called ‘closeness problem’ that any version of the DDE must face. (shrink)

Some claim that the notion of strong emergence as involving ontological or causal novelty makes no sense, on grounds that any purportedly strongly emergent features or associated powers 'collapse', one way or another, into the lower-level base features upon which they depend. Here we argue that there are several independently motivated and defensible means of preventing the collapse of strongly emergent features or powers into their lower-level bases, as directed against a conception of strongly emergent features as having fundamentally novel (...) powers. After introducing the project (Section 1), we motivate and present the powers-based account (Section 2); we then canvass the two main versions of the collapse objection, show how these apply to the powers-based account, and problematize certain strategies of response (Section 3); we then present and defend four better strategies of response (Section 4). (shrink)

Suppose we agree to reject the view that privacy has narrow scope and consequently is irrelevant to the constitutional privacy cases. We then have (at least) these two options: (1) We might further emphasize and draw out similarities between tort and constitutional privacy claims in order to develop a notion of privacy fundamental to informational and Fourth Amendment privacy concerns as well as the constitutional cases. We can cite examples indicating this is a promising position. Consider consenting homosexuality conducted in (...) one's home, for instance. We view it as a private matter, whether the state is seeking to regulate the behavior, or if others are attempting to gain or exploit information about it. I believe basic conceptual similarities between tort and constitutional interests can be identified by showing that there is a range of similar reasons for protecting both tort and constitutional privacy concerns. We might worry, however, that a comprehensive concept of privacy may be too general to be very useful, given that privacy violations can be so diverse, and can arise, for example, from misuse of confidential information, from conduct that is intrusive even if no information is gained or disclosed, from disturbance of an intimate relationship, or from disruption of various other important aspects of one's life.(2) We could concede that whatever “privacy” means in the tort and Fourth Amendment cases, it means something different in the constitutional cases. Nevertheless, we might take that “something else” seriously as a distinct but legitimate use of the term which is not “spurious” but is reflected in our ordinary language. This appears to me to be a fruitful alternative. After all, contrary to Henkin's view that tort privacy is “what most people mean by privacy,” the term is often used in contexts beyond informational privacy and clearly related to the interests at stake in the constitutional cases. Thus, for example, in a pamphlet explaining how to protect children by teaching them how to say “No!” to strangers without making them paranoid or antisocial, parents and teachers are told, Children have a right to privacy. Teach it. Reinforce it. One of the ways to help children prevent sexual assault is to encourage them to develop a sense of physical integrity. A sense that they have a right to their own body space and privacy. Just as we allow them to close the door when they use the bathroom, we must allow them to say no to any unwanted physical affection and touch. Flora Calao and Tamar Hosansky, “The Key to Having Fun is Being Safe: Teaching Personal Safety to Children,” The Safety and Fitness Exchange, 1123 Broadway, N.Y., N.Y. 10010. Unfortunately, the most obvious starting point for identifying the sense of private relevant to the constitutional cases is extremely worrisome. The Court itself has said ... only personal rights that can be deemed “fundamental”...are included in this guarantee of personal privacy...the right has some extension to activities relating to marriage...procreation...contraception...family relationships... and child rearing and education.Roe v. Wade, 410 U.S. 113 (1973).The difficulty, of course, is that little more is offered by way of explanation of which rights are “personal” or “fundamental” or both. Focusing on marriage makes Roe v. Wade difficult to understand given that Ms. Roe was unmarried, and attending only to family issues does not help us make sense of the Stanley case protecting one's right to view pornography in one's home. It is perhaps more problematic that decisions such as what color shoes to wear are reasonably viewed as personal, yet are far from fundamental enough to warrant protection. And regulations governing the draft and employment, for example, are not viewed as privacy invasions although they might be said to interfere with matters of one's life that are both fundamental and personal in the vague sense described.Before we give up in frustration, however, I would urge that we recall that even in tort law the notion of privacy has been evolving through a constellation of judgments. Although there is no fixed way of using the term which we then proceed to analyze, the concept of privacy has not in those cases been taken to be meaningless or empty. Similarly, there is reason to believe that the scope of a “personal and fundamental” notion of privacy relevant to the constitutional cases can be further delineated through a consideration of cases, especially since it seems to me that in many cases application of the term is clear and unproblematic. A decision to have a vasectomy, for example, can uncontroversially be said to be a personal and fundamental one, and it is in that sense private. We fail to acknowledge the personal significance in an individual's life of forcing or refusing him the operation if we deny that this important sense of privacy is relevant to such a decision merely because an interest in determining for oneself what one ought to do is also at risk.Of course, once it is settled that something is a private matter, it is a separate issue to decide whether or not, in some social context, an invasion of it can be justified. Thus, I would claim, a mandatory sterilization program for male recidivists or for those in a country suffering grave poverty and overpopulation does invade privacy, and the social or legal question is whether or not the invasion can, in the particular circumstances, be justified. Although all will agree that both individual and social interests must be balanced by moral philosophers as well as the courts, in conflicts we will not always agree on the weight to be accorded individual claims.I have not provided a constitutional defense for citing privacy as one right at stake in the constitutional privacy cases. Nor have I attempted to enter the debate about how strictly to interpret the Constitution. But if I am correct, then we can agree there is an important interest in privacy at issue in those cases without merely conflating privacy and autonomy or liberty, and can continue the process of marking out its boundaries. If we reach such agreement, we will have made considerable progress. Moreover, the implications of this view are significant. Current constitutional standards, controversial though they may be, require “strict scrutiny” for cases concerning “fundamental values,” and privacy has been judged to be one such value. Thus these privacy claims have a greater chance of being protected when they conflict with other rights or general interests than they would have if only liberty, or freedom from governmental interference, were involved. (shrink)

In _Living Without Free Will_, I develop and argue for a view according to which our being morally responsible would be ruled out if determinism were true, and also if indeterminism were true and the causes of our actions were exclusively events.¹ Absent agent causation, indeterministic causal histories are as threatening to moral responsibility as deterministic histories are, and a generalization argument from manipulation cases shows that deterministic histories indeed undermine moral responsibility. Agent causation has not been ruled out as (...) a coherent possibility, but it is not credible given our best physical theories. Hence we must take seriously the prospect that we are not free in the sense required for moral responsibility. I call the resulting view _hard incompatibilism_. Furthermore, contrary to widespread belief, a conception of life without free will would not at all be devastating to morality or to our sense of meaning in life, and in certain respects it may even be beneficial. (shrink)

Many individuals have miserable work lives, in which they must toil away at mind-numbing yet exhausting tasks for hours on end, being ordered about by their superiors, perhaps with few guarantees that this source of income will persist for very long. However, this is only half of the story: what is centrally important is that many of those who endure these conditions are denied a fair wage in return for the burdens that they bear. In this article, I reflect (...) on the significance of this fact in order to argue for the evaporation thesis. This thesis holds that individuals’ claims to particular employment-related protections from their government disappear as their earnings increase. In the course of defending this position, I explore the moral difference an employee's wage offer makes to the work conditions that we can expect her to accept, including why there are limits to the role that cash can play here. (shrink)

Many individuals have miserable work lives, in which they must toil away at mind-numbing yet exhausting tasks for hours on end, being ordered about by their superiors, perhaps with few guarantees that this source of income will persist for very long. However, this is only half of the story: what is centrally important is that many of those who endure these conditions are denied a fair wage in return for the burdens that they bear. In this article, I reflect (...) on the significance of this fact in order to argue for the evaporation thesis. This thesis holds that individuals’ claims to particular employment-related protections from their government disappear as their earnings increase. In the course of defending this position, I explore the moral difference an employee's wage offer makes to the work conditions that we can expect her to accept, including why there are limits to the role that cash can play here. (shrink)

Many individuals have miserable work lives, in which they must toil away at mind-numbing yet exhausting tasks for hours on end, being ordered about by their superiors, perhaps with few guarantees that this source of income will persist for very long. However, this is only half of the story: what is centrally important is that many of those who endure these conditions are denied a fair wage in return for the burdens that they bear. In this article, I reflect (...) on the significance of this fact in order to argue for the evaporation thesis. This thesis holds that individuals’ claims to particular employment-related protections from their government disappear as their earnings increase. In the course of defending this position, I explore the moral difference an employee's wage offer makes to the work conditions that we can expect her to accept, including why there are limits to the role that cash can play here. (shrink)

In order to receive controlled pain medications for chronic non-oncologic pain, patients often must sign a “narcotic contract” or “opioid treatment agreement” in which they promise not to give pills to others, use illegal drugs, or seek controlled medications from health care providers. In addition, they must agree to use the medication as prescribed and to come to the clinic for drug testing and pill counts. Patients acknowledge that if they violate the opioid treatment agreement, they may no (...) longer receive controlled medications. OTAs have been widely implemented since they were recommended by multiple national bodies to decrease misuse and diversion of narcotic medications. But critics argue that OTAs are ethically suspect, if not unethical, and should be used with extreme care if at all. We agree that OTAs pose real dangers and must be implemented carefully. But we also believe that the most serious criticisms stem from a mistaken understanding of OTAs’ purpose and ethical basis. (shrink)

In a recent paper, Daniel Whiting has argued that there are no exclusionary reasons (i.e., second-order reasons not to act for a reason). The premise of the argument is what he calls the motivation constraint, according to which for the fact that p to be a reason for you to ϕ, it must be possible for you to ϕ for the reason that p. However, the argument goes, it is not possible to act (or not to act) for a (...) reason for a reason. Therefore, he concludes, there are no second-order reasons. In this paper, I shall argue that Whiting's argument ought to be rejected. Thus, I will argue that we should not accept the motivation constraint on which it is based. It is true that for the fact that p to be a reason for you to ϕ, it must be possible for you to ϕ guided in the right way by the consideration that p favours you ϕing. However, I shall argue that it is possible for exclusionary reasons to guide us in the right way, even if it not possible for us to not to ϕ for a reason for a reason. (shrink)

In his response to an earlier paper of ours Anton Killin takes issue with a certain aspect of our definition of an antique. He agrees with our view that the concept of an antique is an adjectival one and is at least happy to grant that those elements of the definition that relate to age are correct. But he takes issue with the idea that technical excellence is a necessary condition for being an antique. In addition to this, he also (...) criticizes us for largely excluding art objects from our discussion. In this rejoinder we focus mainly on defending the technical excellence criterion. But we will have something to say about art objects too, and we begin with a few words about them. (shrink)