For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...) bad Samaritanism. There are three main reasons. First, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against both homicide and manslaughter. Second, criminalization is recommended by the “proportionality principle” — i.e., the principle that a law’s level of punishment should be directly proportional to the moral severity of the offense. Third, criminalization would yield a number of significant benefits, including helping to minimize needless deaths and injuries and providing society with an institutional outlet for its outrage against bad Samaritans. -/- Still, many objections have been leveled against bad Samaritan laws. This Article will argue that while some of these objections — for example, the objections involving foundational criminal law principles such as the actus-reus requirement, the harm principle, and causation — are all easily refuted, five other objections are not. These five objections involve pragmatic considerations such as the difficulties with obtaining evidence against bad Samaritans and psychological considerations such as people’s understandable reasons for not wanting to “get involved.” This Article will then put these five objections into reflective equilibrium with the moral arguments for bad Samaritan laws and conclude that while bad Samaritanism should indeed be criminalized, the punishment that convicted bad Samaritans receive should be mild — certainly milder than the level of punishment recommended by the “proportionality principle.” The corollary of this conclusion is that the criminal law should sometimes abandon the proportionality principle. (shrink)

In 2008 a young man committed suicide while his webcam was running. 1,500 people apparently watched as the young man lay dying: when people finally made an effort to call the police, it was too late. This closely resembles the case of Kitty Genovese in 1964, where 39 neighbours supposedly watched an attacker assault and did not call until it was too late. This paper examines the role of internet mediation in cases where people may or may not have been (...) good Samaritans and what their responsibilities were. The method is an intuitive one: intuitions on the various potentially morally relevant differences when it comes to responsibility between offline and online situations are examined. The number of onlookers, their physical nearness and their anonymity have no moral relevance when it comes to holding them responsible. Their perceived reality of the situation and ability to act do have an effect on whether we can hold people responsible, but this doesn’t seem to be unique to internet mediation. However the way in which those factors are intrinsically connected to internet mediation does seem to have a diminishing effect on responsibility in online situations. (shrink)

Africa has always been viewed as a land of the world’s greatest potential. It has been described ad nauseam as a land of abundant natural and human resources, the cradle of civilization and the bastion of man’s natural spirituality. In spite of this apparent superlative richness, the present African condition is also well documented as a paradox. If Africa is this resource rich, why is it so backward and economically poor? In line with the existentialist notion of solicitude and care, (...) this paper argues for a case of global ‘Samaritanism’, that is, an unsolicited care for the other that is nonetheless morally obligatory by virtue of a shared world and common existence. Drawing insight from the submission of Peter Singer, this paper posits that, if we have the capacity to intervene and prevent something bad from happening, without sacrificing anything of comparable moral importance, we ought morally to do it. This paper’s contribution to existing knowledge rests on the extension of Singer’s principle of ‘Samaritanism’ to include solicitude and actionable intervention on life-threatening human conditions of whatever kind. Key words : Africa, Cultural Menaces, Singer, Samaritanism, Existentialism, Fursorge. (shrink)

Articles on Sikh philosophy, tradition, and history.

In this paper, I consider the pessimistic induction construed as a deductive argument (specifically, reductio ad absurdum) and as an inductive argument (specifically, inductive generalization). I argue that both formulations of the pessimistic induction are fallacious. I also consider another possible interpretation of the pessimistic induction, namely, as pointing to counterexamples to the scientific realist’s thesis that success is a reliable mark of (approximate) truth. I argue that this interpretation of the pessimistic induction fails, too. If this is correct, then (...) the pessimistic induction is an utter failure that should be abandoned by scientific anti-realists. (shrink)

In their attempt to defend philosophy from accusations of uselessness made by prominent scientists, such as Stephen Hawking, some philosophers respond with the charge of ‘scientism.’ This charge makes endorsing a scientistic stance, a mistake by definition. For this reason, it begs the question against these critics of philosophy, or anyone who is inclined to endorse a scientistic stance, and turns the scientism debate into a verbal dispute. In this paper, I propose a different definition of scientism, and thus a (...) new way of looking at the scientism debate. Those philosophers who seek to defend philosophy against accusations of uselessness would do philosophy a much better service, I submit, if they were to engage with the definition of scientism put forth in this paper, rather than simply make it analytic that scientism is a mistake. (shrink)

Michael Martin aims to affirm a certain pattern of first-person thinking by advocating disjunctivism, a theory of perceptual experience which combines naive realism with the epistemic conception of hallucination. In this paper I argue that we can affirm the pattern of thinking in question without the epistemic conception of hallucination. The first part of my paper explains the link that Martin draws between the first-person thinking and the epistemic conception of hallucination. The second part of my paper explains how we (...) can achieve Martin’s ambition without Martin’s theory. One resource that I enlist for this purpose is a naive-realist friendly conception of first-person access to experience. The metaphysical theory that I enlist is a form of naive realism that endorses an intentionalist or representationalist “common-factor” approach to veridical and hallucinatory experience. The third part of my paper briefly develops this theory. (shrink)

The National Institute of Mental Health (Bethesda, MD) reports that approximately 5.2 million Americans experience post-traumatic stress disorder (PTSD) each year. PTSD can be severely debilitating and diminish quality of life for patients and those who care for them. Studies have indicated that propranolol, a beta-blocker, reduces consolidation of emotional memory. When administered immediately after a psychic trauma, it is efficacious as a prophylactic for PTSD. Use of such memory-altering drugs raises important ethical concerns, including some futuristic dystopias put forth (...) by the President's Council on Bioethics. We think that adequate informed consent should facilitate ethical research using propranolol and, if it proves efficacious, routine treatment. Clinical evidence from studies should certainly continue to evaluate realistic concerns about possible ill effects of diminishing memory. If memory-attenuating drugs prove effective, we believe that the most immediate social concern is the over-medicalization of bad memories, and its subsequent exploitation by the pharmaceutical industry. (shrink)

Causal selection is the cognitive process through which one or more elements in a complex causal structure are singled out as actual causes of a certain effect. In this paper, we report on an experiment in which we investigated the role of moral and temporal factors in causal selection. Our results are as follows. First, when presented with a temporal chain in which two human agents perform the same action one after the other, subjects tend to judge the later agent (...) to be the actual cause. Second, the impact of temporal location on causal selection is almost canceled out if the later agent did not violate a norm while the former did. We argue that this is due to the impact that judgments of norm violation have on causal selection—even if the violated norm has nothing to do with the obtaining effect. Third, moral judgments about the effect influence causal selection even in the case in which agents could not have foreseen the effect and did not intend to bring it about. We discuss our findings in connection to recent theories of the role of moral judgment in causal reasoning, on the one hand, and to probabilistic models of temporal location, on the other. (shrink)

The underconsideration argument against inference to the best explanation and scientific realism holds that scientists are not warranted in inferring that the best theory is true, because scientists only ever conceive of a small handful of theories at one time, and as a result, they may not have considered a true theory. However, antirealists have not developed a detailed alternative account of why explanatory inference nevertheless appears so central to scientific practice. In this paper, I provide new defences against some (...) recent objections to the underconsideration argument, while also developing an account of explanatory inference that both survives these criticisms and does not entail realism. (shrink)

This article is part of a special issue devoted to David Benatar’s anti-natalism. There are places in his oeuvre where he contends that, while our lives might be able to exhibit some terrestrial or human meaning, that is not enough to make them worth creating, which would require a cosmic meaning that is unavailable to us. There are those who maintain, in reply to Benatar, that some of our lives do have a cosmic meaning, but I argue that Benatar is (...) correct that none of our lives does. I instead reply that a lack of cosmic meaning is insufficient to infer that our lives are all bad or, more carefully, bad enough to make procreation impermissible. In particular, I advance a principle by which to judge the absence of a good to be bad, roughly according to which the more unavailable a good is, the less reason there is to exhibit negative reactive attitudes toward its absence. It follows that there is no reason to regret or be sad about the lack of cosmic meaning, given that it is impossible for us. (shrink)

Liberal theorists of justice hardly ever study duties of Good Samaritanism. This is not to say that they regard a failure to be a Good Samaritan as morally acceptable: indeed, most of them think that it is morally wrong. But they tend not to think that it is morally wrong on the grounds that it constitutes a violation of a duty of justice. Rather, they condemn it as a failure to perform a duty of charity, or as a failure (...) to be appropriately altruistic. By contrast, they condemn as a violation of a duty of justice a failure to give to the poor the material resources they need. My aim, in this essay, is to show that if liberals are committed to the view that the needy have a right, as a matter of justice, to some of the material resources of the better off, they must endorse the view that the imperilled have a right, as a matter of justice, th the bodily services of those who are in a position to help. In short, or so I argue, Good Samaritan Duties are not a matter of Charity; nor are they a matter of altruism; rather, they firmly fall within the purview of justice. I make my case as follows. First, I rebut the claim that those are duties of charity, and not of justice. Second, I argue, pace many, that we owe it to the imperilled themselves, as a matter of justice, to rescue them: we do not owe it to society as a whole. Finally, I show, against a number of theorists, that such duty can and should be enforced by the state. (shrink)

In Dirac-Bergmann constrained dynamics, a first-class constraint typically does not _alone_ generate a gauge transformation. By direct calculation it is found that each first-class constraint in Maxwell's theory generates a change in the electric field E by an arbitrary gradient, spoiling Gauss's law. The secondary first-class constraint p^i,_i=0 still holds, but being a function of derivatives of momenta, it is not directly about E. Only a special combination of the two first-class constraints, the Anderson-Bergmann -Castellani gauge generator G, leaves E (...) unchanged. This problem is avoided if one uses a first-class constraint as the generator of a _canonical transformation_; but that partly strips the canonical coordinates of physical meaning as electromagnetic potentials and makes the electric field depend on the smearing function, bad behavior illustrating the wisdom of the Anderson-Bergmann Lagrangian orientation of interesting canonical transformations. The need to keep gauge-invariant the relation dot{q}- dH/dp= -E_i -p^i=0 supports using the primary Hamiltonian rather than the extended Hamiltonian. The results extend the Lagrangian-oriented reforms of Castellani, Sugano, Pons, Salisbury, Shepley, _etc._ by showing the inequivalence of the extended Hamiltonian to the primary Hamiltonian even for _observables_, properly construed in the sense implying empirical equivalence. Dirac and others have noticed the arbitrary velocities multiplying the primary constraints outside the canonical Hamiltonian while apparently overlooking the corresponding arbitrary coordinates multiplying the secondary constraints _inside_ the canonical Hamiltonian, and so wrongly ascribed the gauge quality to the primaries alone, not the primary-secondary team G. Hence the Dirac conjecture about secondary first-class constraints rests upon a false presupposition. The usual concept of Dirac observables should also be modified to employ the gauge generator G, not the first-class constraints separately, so that the Hamiltonian observables become equivalent to the Lagrangian ones such as the electromagnetic field F. (shrink)

Many profess a belief in the importance of school integration. In this essay I argue that the evidence tells against the sincerity of this belief.

On Christopher H. Wellman’s Samaritan account of political legitimacy, the state is justified in coercing its subjects because doing so is necessary to rescue them from the perils of the state of nature. Samaritanism – the principle that we are morally permitted to do what is necessary to rescue someone from serious peril if in doing so we do not impose unreasonable costs on others – only justifies a minimal state, in Wellman’s view. I argue contra Wellman that (...) class='Hi'>Samaritanism justifies an extensive, liberal-egalitarian state. (shrink)

Are people with flawed faces regarded as having flawed moral characters? An “anomalous-is-bad” stereotype is hypothesized to facilitate negative biases against people with facial anomalies (e.g., scars), but whether and how these biases affect behavior and brain functioning remain open questions. We examined responses to anomalous faces in the brain (using a visual oddball paradigm), behavior (in economic games), and attitudes. At the level of the brain, the amygdala demonstrated a specific neural response to anomalous faces—sensitive to disgust and a (...) lack of beauty but independent of responses to salience or arousal. At the level of behavior, people with anomalous faces were subjected to less prosociality from participants highest in socioeconomic status. At the level of attitudes, we replicated previously reported negative character evaluations made about individuals with facial anomalies, and further identified explicit biases directed against them as a group. Across these levels of organization, the specific amygdala response to facial anomalies correlated with stronger just-world beliefs (i.e., people get what they deserve), less dispositional empathic concern, and less prosociality toward people with facial anomalies. Characterizing the “anomalous-is-bad” stereotype at multiple levels of organization can reveal underappreciated psychological burdens shouldered by people who look different. (shrink)

: Some commentators have recently proposed that "clinical equipoise," although widely accepted, is not necessary for morally acceptable research on human subjects. If this concept is rejected, however, we may find that trials not in the best medical interests of their subjects--bad deal trials--could be justified. To avoid exploiting participants, we must find a way to distribute the risks fairly, even if it means embracing radical changes in the way clinical research is conducted.

Dreadful and dreaded outcomes are sometimes brought about via the accumulation of individually trivial effects. Think about inching toward terrible health or toward an environmental disaster. In some such cases, the outcome is seen as unacceptable but is still gradually realized via an extended sequence of moves each of which is trivial in terms of its impact on the health or environment of those involved. Cases of this sort are not only practically challenging, they are theoretically challenging as well. For, (...) they raise puzzling complications concerning the assessment of conduct. In particular, given cases of this sort, we seem forced to conclude that, sometimes, each current doing in an extended sequence of moves can be correctly assessed as permissible (relative to a certain set of concerns) even though the sequence foreseeably leads to an outcome that is unacceptable (relative to that same set of concerns) and even though acceptable outcomes are available. And this seems paradoxical. I argue that this (apparent) puzzle glosses over complications associated with action individuation and units of agency. Reflection on these complications makes it clear that in cases of the sort that have given rise to the puzzle, there is an accurate way of seeing what is being done at various particular moments that clearly brings out the tight connection between a current doing and non-trivial damage that is to be expected (and is indeed bound to occur if the doing is completed without a hitch). (shrink)

This article examines the “aesthetic” and “prescient” turn in the surveillant assemblage and the various ways in which risk technologies in local law enforcement are reshaping the post hoc traditions of the criminal justice system. The rise of predictive policing and crime prevention software illustrate not only how the world of risk management solutions for public security is shifting from sovereign borders to inner-city streets but also how the practices of authorization are allowing software systems to become proxy forms of (...) sovereign power. The article also examines how corporate strategies and law enforcement initiatives align themselves through media, connectivity, and consumer-oriented opt-in strategies that endeavor to “mold” and “deputize” ordinary individuals into obedient and patriotic citizens. (shrink)

Some commentators have recently proposed that “clinical equipoise,” although widely accepted, is not necessary for morally acceptable research on human subjects. If this concept is rejected, however, we may find that trials not in the best medical interests of their subjects—”bad deal trials”—could be justified. To avoid exploiting participants, we must find a way to distribute the risks fairly, even if it means embracing radical changes in the way clinical research is conducted.

European Journal of Philosophy, EarlyView.

Legislation was recently introduced into theAustralian parliament to regulate the Internet. Thiscreated a storm of protest from within the computerindustry, where arguments against the legislationranged from those based on technical difficulties tothose based on moral considerations, particularly offreedom of speech and freedom to access information.This paper is primarily concerned with the moralaspects of Internet regulation, but within theparameters of current technology. It will argue thatsuch regulation can be justified, despite the factthat given the current technology there will bedifficulties with enforcement, (...) and reduction inInternet performance. (shrink)

It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these cases (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

Although many scientists and engineers insist that technologies are value-neutral, philosophers of technology have long argued that they are wrong. In this paper, I introduce a new argument against the claim that technologies are value-neutral. This argument complements and extends, rather than replaces, existing arguments against value-neutrality. I formulate the Value-Neutrality Thesis, roughly, as the claim that a technological innovation can have bad effects, on balance, only if its users have “vicious” or condemnable preferences. After sketching a microeconomic model for (...) explaining or predicting a technology’s impact on individuals’ behavior, I argue that a particular technological innovation can create or exacerbate collective action problems, even in the absence of vicious preferences. Technologies do this by increasing the net utility of refusing to cooperate. I also argue that a particular technological innovation can induce short-sighted behavior because of humans’ tendency to discount future benefits too steeply. I suggest some possible extensions of my microeconomic model of technological impacts. These extensions would enable philosophers of technology to consider agents with mixed motives—i.e., agents who harbor some vicious preferences but also some aversion to acting on them—and to apply the model to questions about the professional responsibilities of engineers, scientists, and other inventors. (shrink)

Committing financial fraud is a serious breach of business ethics. However, there are few large scale studies of financial fraud, which involve ethical considerations. In this study, we investigate the pervasive financial scandals, which by the end of 2012 involved more than a third of the US-listed Chinese companies. Based on a sample of 262 US-listed Chinese companies, we analyze factors that differentiate between firms that commit financial fraud and those that do not. We find that firms more predisposed to (...) unethical behavior, due to their low regional social trust in the home country and low respect for regulations and laws as proxied by political connections, are more likely to commit accounting and financial fraud. They take advantage of low hurdles for listing via reverse mergers and avoid third-party monitoring through poor governance and auditors. Finally, we find evidence, after these scandals, of non-fraudulent firms differentiating themselves from the fraudulent firms by sending costly signals such as insiders purchasing shares, increasing dividends, and going private. (shrink)

Sartre's concept of ‘non-thetic awareness’ must be understood as equivalent to the concept of ‘nonconceptual content’ currently discussed in anglophone epistemology and philosophy of mind, since it could not otherwise play the role in the structure of ‘bad faith’, or self-deception, that Sartre ascribes to it. This understanding of the term makes sense of some otherwise puzzling features of Sartre's early philosophy, and has implications for understanding certain areas of his thought.