This article describes why a constitutional test that relies exclusively on history and tradition for deciding modern firearm regulations is woefully inadequate when applied to modern technologies. It explains the unique advancements in firearm technology — specifically, ghost guns — that challenge the viability of a purely historical test, even if legal scholars or judges attempt to reason by analogy. This article argues that the prevailing, two-step approach, which incorporates both history and tradition, and requires a judicial examination of the (...) purposes and methods supporting a challenged firearm regulation, should apply nationwide. That a dissenting faction of conservative judges seeks to ignore the prevailing approach presents a potentially dangerous path for Second Amendment jurisprudence. This article draws from certain historical gun laws to illustrate the difficult legwork that analogies must do under a purely historical test. It uses the advent of ghost guns as a case study to offer guidance for judges in their rulemaking practices regarding Second Amendment cases. (shrink)

What makes a person's life meaningful? Thaddeus Metz offers a new answer to an ancient question which has recently returned to the philosophical agenda. He proceeds by examining what, if anything, all the conditions that make a life meaningful have in common. The outcome of this process is a philosophical theory of meaning in life. He starts by evaluating existing theories in terms of the classic triad of the good, the true, and the beautiful. He considers whether meaning in (...) life might be about such principles as fulfilling God's purpose, obtaining reward in an afterlife for having been virtuous, being attracted to what merits attraction, leaving the world a better place, connecting to organic unity, or transcending oneself by connecting to what is extensive. He argues that no extant principle satisfactorily accounts for the three-fold significance of morality, enquiry, and creativity, and that the most promising theory is a fresh one according to which meaning in life is a matter of intelligence contoured toward fundamental conditions of human existence. (shrink)

Definitions of terms that are central to a theoretical understanding of the Royal Government of Bhutan's policy of Gross National Happiness.

Reprint of a mildly revised article that initially appeared in the Journal of Animal Ethics (2017).

Insofar as artificial intelligence is to be used to guide automated systems in their interactions with humans, the dominant view is probably that it would be appropriate to programme them to maximize (expected) utility. According to utilitarianism, which is a characteristically western conception of moral reason, machines should be programmed to do whatever they could in a given circumstance to produce in the long run the highest net balance of what is good for human beings minus what is bad for (...) them. In this essay, I appeal to values that are characteristically African––but that will resonate with those from a variety of moral-philosophical traditions, particularly in the Global South––to cast doubt on a utilitarian approach. Drawing on norms salient in sub-Saharan ethics, I provide four reasons for thinking it would be immoral for automated systems governed by artificial intelligence to maximize utility. In catchphrases, I argue that utilitarianism cannot make adequate sense of the ways that human dignity, group rights, family first, and (surprisingly) self-sacrifice should determine the behaviour of smart machines. (shrink)

The field of bioethics is replete with applications of moral theories such as utilitarianism and Kantianism. For a given dilemma, even if it is not clear how one of these western philosophical principles of right (and wrong) action would resolve it, one can identify many of the considerations that each would conclude is relevant. The field is, in contrast, largely unaware of an African account of what all right (and wrong) actions have in common and of the sorts of factors (...) that for it are germane to developing a sound response to a given bioethical problem. My aim is to help rectify this deficiency by first spelling out a moral theory grounded in the mores of many sub-Saharan peoples, and then applying it to some major bioethical issues, namely, the point of medical treatment, free and informed consent, standards of care and animal experimentation. For each of these four issues, I compare and contrast the implications of the African moral theory with utilitarianism and Kantianism, my overall purposes being to highlight respects in which the African moral theory is distinct and to demonstrate that the field should take it at least as seriously as it does the Western theories. (shrink)

A 10,000+ word critical overview of analytic philosophy devoted to life's meaning, with some focus on books and more recent works.

Online reprint of part of an encyclopedia entry (from the Encyclopaedia of Quality of Life and Well-being Research 2014).

Talbot Brewer offers a new approach to ethical theory, founded on a far-reaching reconsideration of the nature and sources of human agency.

The current informal practice of pharmacometrics as a combination art and science makes it hard to appreciate the role that informatics can and should play in the future of the discipline and to comprehend the gaps that exist because of its absence. The development of pharmacometric informatics has important implications for expediting decision making and for improving the reliability of decisions made in model-based development. We argue that well-defined informatics for pharmacometrics can lead to much needed improvements in the efficiency, (...) effectiveness, and reliability of the pharmacometrics process. The purpose of this paper is to provide a description of the pervasive yet often poorly appreciated role of informatics in improving the process of data assembly, a critical task in the delivery of pharmacometric analysis results. First, we provide a brief description of the pharmacometric analysis process. Second, we describe the business processes required to create analysis-ready data sets for the pharmacometrician. Third, we describe selected informatic elements required to support the pharmacometrics and data assembly processes. Finally, we offer specific suggestions for performing a systematic analysis of existing challenges as an approach to defi ning the next generation of pharmacometric informatics. (shrink)

I seek to advance enquiry into the point of a public higher education institution by drawing on ideals salient in the sub-Saharan African philosophical tradition. There are relational, and specifically communal, values prominently held by African thinkers that I use to ground a promising rival to the dominant contemporary Western, and especially Anglo-American, accounts of what a university ultimately ought to strive to achieve, which focus mainly on autonomy, truth, and citizenship. My aims are not merely comparative, contrasting an Afro-communal (...) approach with other ones that have been more globally influential, but also substantive. Although the theory of a university’s point that I articulate and defend has an African pedigree, I work to show that it should be taken seriously by a global audience, for plausibly capturing a variety of intuitions and claims that are widely shared. (shrink)

Perhaps the most fundamental and distinctive idea of Kantian moral psychology is that no behavior can count as action unless it is performed on a subjective practical principle, or a maxim of action. The maxim is supposed to provide the target of moral assessment of all actions, whether this assessment is prospective or retrospective. The presence of a maxim is also supposed to illuminate how it is that agents are active in, hence responsible for, the peculiar species of events we (...) call actions. To put the point roughly, agents are the sources of their actions in that they have in some sense affirmed or endorsed the maxims of these actions. (shrink)

Reprint of an article that initially appeared in _Ethical Theory and Moral Practice_ (2012).

This narrative provides insight into medical education for Black physicians in South Carolina in the 1960s, during the civil rights movement. It also discusses the many rewards and challenges of being a physician of color, describes what has been done to develop programs that benefit minority communities, and argues that more such programs are needed.

Perhaps the most fundamental and distinctive idea of Kantian moral psychology is that no behavior can count as action unless it is performed on a subjective practical principle, or a maxim of action. The maxim is supposed to provide the target of moral assessment of all actions, whether this assessment is prospective or retrospective. The presence of a maxim is also supposed to illuminate how it is that agents are active in, hence responsible for, the peculiar species of events we (...) call actions. To put the point roughly, agents are the sources of their actions in that they have in some sense affirmed or endorsed the maxims of these actions. (shrink)

In a prior issue of Developing World Bioethics, Cheryl Macpherson and Ruth Macklin critically engaged with an article of mine, where I articulated a moral theory grounded on indigenous values salient in the sub-Saharan region, and then applied it to four major issues in bioethics, comparing and contrasting its implications with those of the dominant Western moral theories, utilitarianism and Kantianism. In response to my essay, Macpherson and Macklin have posed questions about: whether philosophical justifications are something with which bioethicists (...) ought to be concerned; why something counts as ‘African’; how medicine is a moral enterprise; whether an individual right to informed consent is consistent with sub-Saharan values; and when thought experiments help to establish firm conclusions about moral status. These are important issues for the field, and I use this reply to take discussion of them a step or two farther, defending my initial article from Macpherson's and Macklin's critical questions and objections. (shrink)

Many major historical figures in philosophy have provided an answer to the question of what, if anything, makes life meaningful, although they typically have not put it in these terms. Consider, for instance, Aristotle on the human function, Aquinas on the beatific vision, and Kant on the highest good. While these concepts have some bearing on happiness and morality, they are straightforwardly construed as accounts of which final ends a person ought to realize in order to have a significant existence. (...) Despite the venerable pedigree, it is only in the last 50 years or so that something approaching a distinct field on the meaning of life has been established in analytic philosophy, and it is only in the last 25 years that debate with real depth has appeared. Concomitant with the demise of positivism and of utilitarianism in the post-war era has been the rise of analytical enquiry into non-hedonistic conceptions of value grounded on relatively uncontroversial (but not universally shared) judgments or “intuitions,” including conceptions of meaning in life. Englishspeaking philosophers can be expected to continue to find life's meaning of interest as they increasingly realize that it is a distinct line of enquiry that admits of rational enquiry to no less a degree than more familiar normative categories such as well-being, right action, and distributive justice. (shrink)

A collection of several articles on African moral and political philosophy by Thaddeus Metz, translated into French by Emmanuel Fopa, and edited and introduced by Pius Mosima of the University of Bamenda, Cameroon.

For the more than a decade, I have advanced an account of what makes persons, animals, and other beings entitled to moral treatment for their own sake that is informed by characteristically African ideas about dignity, a great chain of being, and community. Roughly according to this account, a being has a greater moral status, the more it is capable of communing (as a subject) or of us communing with it (as an object). I have mainly argued that this characteristically (...) African and relational approach to moral status is a better account than salient Western approaches, especially individualist views associated with utilitarianism and Kantianism. Over the years, several commentators have raised criticisms of my approach, including that it objectionably: entails that we may rightly dominate mentally incapacitated human beings; prioritizes mentally incapacitated human beings over animals with similar cognitive abilities without sufficient justification; entails that intelligent aliens lack moral status; cannot make sense of our duties towards the dead; and is unable to account for the standing of species as distinct from their members. In this chapter I provide a comprehensive response to these and related objections, defending the initial account as an attractive way to understand what makes a being matter morally for non-instrumental reasons. (shrink)

Boyer & Petersen lay out a compelling theory for folk-economic beliefs, focusing on beliefs about markets. However, societies also allocate resources through mechanisms involving power and group decision-making, through the political economy. We encourage future work to keep folkpoliticaleconomic beliefs in mind, and sketch an example involving pollution and climate change mitigation policy.

De Dreu and Gross's distinction between attack and defense is complicated in real-world conflicts because competing leaders construe their position as one of defense, and power imbalances place status quo challengers in a defensive position. Their account of defense as vigilant avoidance is incomplete because it avoids a reference to anger which transforms anxious avoidance into collective and unified action.

One of the central issues in comparative law and political economy is whether the forces of globalization will result in the convergence of public policies across countries. Noting in particular that taxes collected still cover a considerable range across industrialized countries — from a low of 20% of GDP to a high of 50% — some have argued that globalization has not resulted in a loss of tax sovereignty. However, following a review of the evidence, in this Article we conclude (...) that globalization has had significant but subtle effects on tax levels and structures. Moreover, these pressures will make it increasingly difficult for countries to raise revenue to finance new public needs and to structure their tax systems in order to achieve a more socially acceptable distribution of income than what market forces dictate. Tax levels in most countries have remained essentially flat over the past twenty years, but there is a host of reasons for thinking they would have continued to rise were it not for the pressures of globalization. Statutory corporate tax rates have declined dramatically and, although corporate tax revenues have remained robust, this has been due to factors unrelated to deliberate tax policy choices. Personal marginal tax rates have also declined sharply and tax revenues have been increasingly raised by regressive consumption taxes. These trends stem from tax competition brought on by the forces of globalization, not from changing ideas or other political variables. In this Article we conclude that in order to prevent tax competition from completely eroding the ability of countries to fashion their own tax systems, there will have to be considerable cooperation among the major countries and some harmonization of aspects of their tax systems, particularly as they apply to footloose factors of production. (shrink)

The most remarkable characteristic of Pope Benedict XVI’s encyclical Caritas in Veritate is its theologically robust mode of discourse: a pervasive and unapologetically Trinitarian and Christological, substantive argument, based in a robust theological anthropology of person and society as gift, and a peculiarly Platonic and Augustinian rhetorical mode of discourse. Caritas reveals the implicit, hidden, and faulty theological and philosophical commitments of secular reason—which, when used as a medium for the Gospel, can too easily taint the true doctrine the Church (...) attempts to convey with it—proclaiming instead a radically orthodox diagnosis of and prescription for a disenchanted, love-and-truth starved—yet Enlightenment-weary—postmodern world. (shrink)

Originally published in German in 1935, this monograph anticipated solutions to problems of scientific progress, the truth of scientific fact and the role of error in science now associated with the work of Thomas Kuhn and others. Arguing that every scientific concept and theory—including his own—is culturally conditioned, Fleck was appreciably ahead of his time. And as Kuhn observes in his foreword, "Though much has occurred since its publication, it remains a brilliant and largely unexploited resource." "To many scientists just (...) as to many historians and philosophers of science facts are things that simply are the case: they are discovered through properly passive observation of natural reality. To such views Fleck replies that facts are invented, not discovered. Moreover, the appearance of scientific facts as discovered things is itself a social construction, a _made_ thing. A work of transparent brilliance, one of the most significant contributions toward a thoroughly sociological account of scientific knowledge."—Steven Shapin, _Science_. (shrink)

Ideally, the government of any nation is in a contract with the citizens for protection of life, property and freedom while the citizens are obliged to obey government laws. Moreso, the government is to discharge her duties without discriminating against any person or group. In Nigeria there are economic and administrative policies that discriminate against the Igbo nation resulting in dire consequences. Since economic policies make or mar the wellbeing of citizens especially in business, the need for fairness, equity, and (...) justice in the formulation and execution of policies is unquestionable. The Igbo of South East Nigeria, who are very active in business and entrepreneurship, suffer untold disadvantages and massive economic losses due to the lopsided and discriminatory economic policies churned out by successive Nigerian governments. Here we examine and argue against such policies based on their ethical implications and effects on individual and national development. (shrink)

Ariane Lewis offers a comprehensive and expert review of ethical issues raised by brain death in the United Kingdom and how they compare to management of those issues in the United States (Lewis 20...

In this paper, I draw a distinction between two fundamentally different kinds of commitments by highlighting some previously unnoticed subtleties in the pragmatics of “commissive” utterances. I argue that theories which seek to model all commitments on promises, or to ground them all on voluntary consent, can account only for one sort of obligation and not for the other. Since social groups are most perspicuously categorized in terms of the sorts of commitments that bind their members together, this puts me (...) in a position to distinguish two importantly different kinds of social groups, which I call aggregations and associations. I try to show that this position can account for features of the normative structure of social groups that are overlooked by those theorists (e.g. Margaret Gilbert) who have attempted to offer a unitary, voluntarist account of the phenomena under investigation. (shrink)

For the more than a decade, I have advanced an account of what makes persons, animals, and other beings entitled to moral treatment for their own sake that is informed by characteristically African ideas about dignity, a great chain of being, and community. Roughly according to this account, a being has a greater moral status, the more it is capable of communing (as a subject) or of us communing with it (as an object). I have mainly argued that this characteristically (...) African and relational approach to moral status is a better account than salient Western approaches, especially individualist views associated with utilitarianism and Kantianism. Over the years, several commentators have raised criticisms of my approach, including that it objectionably: entails that we may rightly dominate mentally incapacitated human beings; prioritizes mentally incapacitated human beings over animals with similar cognitive abilities without sufficient justification; entails that intelligent aliens lack moral status; cannot make sense of our duties towards the dead; and is unable to account for the standing of species as distinct from their members. In this chapter I provide a comprehensive response to these and related objections, defending the initial account as an attractive way to understand what makes a being matter morally for non-instrumental reasons. For many animals to have a moral status would have important implications for the practice of agriculture, for instance farming animals for food and expanding crops. (shrink)

In this issue of JCE, Douglas Diekema argues that the best interest standard (BIS) has been misemployed to serve two materially different functions. On the one hand, clinicians and parents use the BIS to recommend and to make treatment decisions on behalf of children. On the other hand, clinicians and state authorities use the BIS to determine when the government should interfere with parental decision-making authority. Diekema concedes that the BIS is appropriately used to “guide” parents in making medical treatment (...) decisions for their children. But he argues that the BIS is inappropriately used as a “limiting” standard to determine when to override those decisions. Specifically, Diekema contends that the BIS “does not represent the best means for determining when one must turn to the state to limit parental action.” He argues that this limiting function should be served by the harm principle instead of by the BIS.I contend that we should not reassign the BIS’s limiting function to the harm principle. In this article I make two arguments to support my position. First, the BIS has effectively served, and can serve, both guiding and limiting functions. Second, the harm principle would be an inadequate substitute. It cannot serve the limiting function as well as the more robust BIS. (shrink)

One aim of this chapter is to acquaint a reader unfamiliar with African philosophy with some of its more prominent ethical perspectives, especially those pertaining to ubuntu, as they bear on work. However, I undertake this discussion with some sympathy towards these implications, such that another aim is to point out that the prescriptions for the workplace that moral philosophers working in the African tradition have made (or would sensibly make given their more basic commitments) are worth taking seriously regardless (...) of the reader’s background. The vitalist and communalist strains of ethical thought prominent amongst African philosophers are relatively unknown in globally influential discourses, but are revealing in the context of work. Central topics include: what the point of work is; how to distribute jobs; why there might be a right to work; and how to organize the production process. For each question, I emphasize respects in which African ethical thought offers answers that are both different from and plausible relative to what is dominant in English-speaking theory or practice. (shrink)

This article introduces a special issue of Philosophical Papers devoted to the topic of meaning in life. In the paper, I engage with articles by Robert Audi, David Velleman, John Martin Fischer, Laurence Thomas, Berit Brogaard, Barry Smith and Larry James, laying out their central views, criticizing them, and suggesting ways they could be developed.

In the first part of the article I show how Descartes employs the sceptical theist strategy as part of his response to the problem of evil in Meditation Four. However, Descartes's use of this strategy seems to raise a serious challenge to his whole project: if Descartes is ignorant of God's purposes, then how can he be sure that God doesn't have some morally sufficient reason for creating him with unreliable clear and distinct perceptions? Drawing on related objections from Mersenne (...) and Hobbes, I show in the second half of the article how Descartes can sidestep this objection. (shrink)

It is not clear whether to assess Robert Audi’s Moral Knowledge and Ethical Character as a collection of essays or a unified piece of theorizing. Seven of the book’s twelve essays have been published before, and at first blush they appear connected by little more than a common focus on ethics. These essays are framed, however, by an introduction and conclusion characterizing the book as the elaboration of a single, large-scale ethical theory. Perhaps a comprehensive theory can be disentangled from (...) these essays, but its contours and merits would be far clearer if Audi had presented it systematically, drawing selectively from previous essays rather than reproducing them wholesale. (shrink)

It is widely affirmed that human beings have irreplaceable valuable, and that we owe it to them to treat them accordingly. Many theorists have been drawn to Kantianism because they think that it alone can capture this intuition. One aim of this paper is to show that this is a mistake, and that Kantianism cannot provide an independent rational vindication, nor even a fully illuminating articulation, of irreplaceability. A further aim is to outline a broadly Aristotelian view that provides a (...) more fitting theoretical framework for this appealing conception of human value. This critique of Kantianism extends to contemporary theorists with a broadly Kantian orientation, including Christine Korsgaard, Stephen Darwall and John Rawls. The problem with these views, at heart, is that they attempt to ground morality in respect alone. Yet it is love, not respect, that brings irreplaceability into view. The paper closes with a sketch of a virtue-theoretic theory that follows Aquinas in taking love to be a master virtue that refines the other virtues so as to ensure a continuous and practically efficacious sensitivity to the irreplaceable value of fellow human beings. (shrink)

Pullman argues that when it comes to medical aid in dying (MAID), “Canada … has much to learn from California” (Pullman 2023). Canada and California have similar populations: each about 40 million...

In this article we focus on three key precepts shared by Confucianism and the African ethic of Ubuntu: the central value of community, the desirability of ethical partiality, and the idea that we tend to become morally better as we grow older. For each of these broad similarities, there are key differences underlying them, and we discuss those as well as speculate about the reasons for them. Our aim is not to take sides, but we do suggest ways that Ubuntu (...) and Confucianism might have something to learn from each other and perhaps come closer. We hope that our preliminary reflections can inspire further debate and thinking on a theme – dialogues between long-standing and large-scale non-Western traditions – that is bound to increase in importance as non-Western societies play a greater role in the global system and as the search continues for a 'global ethic'. (shrink)

Bester offers powerful arguments for why the harm principle cannot replace the best interest standard (BIS) as a guide for, and limit on, surrogate healthcare decision making (Bester 2018). Since B...