This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, (...) consent and its counterfeits, coercive force, incapacity, and choice of death. (shrink)

Opponents of paternalism have sought to formulate non-paternalistic arguments for some seemingly reasonable but apparently paternalistic policies. This article addresses two such non-paternalistic arguments—the public charge argument and the psychic harm argument. The gist of both arguments is that a person’s imprudent or risky behavior often affects the interests of others adversely, and that this justifies restricting his or her behavior in various ways. The article shows that both arguments face important problems. It thus throws serious doubt on the (...) prospect of holding on to apparently sound and well-founded policies whilst at the same time avoiding paternalism. (shrink)

Opponents of paternalism have sought to formulate non-paternalistic arguments for some seemingly reasonable but apparently paternalistic policies. This article addresses two such non-paternalistic arguments—the public charge argument and the psychic harm argument. The gist of both arguments is that a person’s imprudent or risky behavior often affects the interests of others adversely, and that this justifies restricting his or her behavior in various ways. The article shows that both arguments face important problems. It thus throws serious doubt on the (...) prospect of holding on to apparently sound and well-founded policies whilst at the same time avoiding paternalism. (shrink)

How and when do uncertain factors affect employees’ different types of proactive behavior? Building on the strength model of self-control, the present study examines the different effects of job insecurity on individual-oriented and organizational-oriented proactive behaviors, and the moderating role of future work self salience and socioeconomic status. Two-wave data collected from 227 employees in China were used to test our hypotheses. The results indicate that job insecurity is negatively associated with all the proactive behaviors. Moreover, the FWSS (...) positively moderates the above relationship, and the moderating role on individual-oriented proactive behavior is stronger than organizational-oriented proactive behavior. The SES negatively moderates the relationship between job insecurity and the two types of proactive behaviors. In addition, the FWSS and SES have a three-way interactive effect on the relationship between job insecurity and individual task proactive behavior. The practical implications of these results are discussed. (shrink)

In thinking about global poverty, the question of moral motivation is of central importance: Why should the average person in the West feel morally compelled to do anything to help the poor? Various answers to this question have been constructed—and yet poverty persists. In this paper I will argue that, among other difficulties, the current approaches to the problem of poverty overlook a critical element: that poverty not only harms the poor, it harms every human being. Its existence forces us (...) to live in a world where we are compelled by a pervasive ideology to eviscerate our own humanity and neglect our human impulses. Drawing on Karl Marx’s Aristotelian-influenced notion of our human essence as “species-being,” I will construct an account of moral motivation in the face of poverty that stems from a selfish desire to avoid these harms. Thus our moral impetus for acting to help the poor comes not from feelings of guilt about how poverty harms them, but rather from recognizing that poverty is harming all of us. By fighting against global poverty, we seek to make the world a better place for ourselves and the poor alike. (shrink)

Baatz’s excellent discussion moves the debate forward in two ways that I will focus on here: first, by articulating an attractive view based on the notion of what can reasonably be demanded of individuals, and second, by providing a helpful overview of much of the existing literature. In what follows I suggest three ways Baatz and others might further clarify and build on these contributions in future research.

Balancing patient rights with patient safety is a nuanced challenge. Restraint use, in particular, poses unique ethical challenges for healthcare systems. Realizing this, the American Nurses Associ...

In this article I argue that governments are justified in addressing the potential for human induced climate damages on the basis of future generations' rights to bodily integrity and personal property. First, although future generations' entitlements to property originate in our present entitlements, the principle of self-ownership requires us to take 'reasonable care' of the products of future labour. Second, while Parfit's non-identity problem has as yet no satisfactory solution, the present absence of an equilibrium between theory and intuitions (...) justifies a precautionary approach, i.e. treating climate damage as a wrongful harm. In addition, a supplementary consideration is described as arising from transcendental needs. (shrink)

John Stuart Mill's harm principle holds that an individual's freedom can only be restricted to prevent harm to others. However, there is an important ambiguity between a strong version, which limits legitimate interference to self-defense and therefore prohibits society from protecting third parties (those who are not its members), and a narrow version, which grants any society universal jurisdiction to prevent nonconsensual harms, no matter who is harmed. Mill sometimes appeals to the strong harm principle to (...) preclude interference, but elsewhere endorses measures (including humanitarian foreign intervention and animal cruelty laws) to protect third parties, suggesting that he subscribes only to the weak harm principle. This ambiguity regarding who it is that society has standing to protect has important implications for the scope of individual freedom. (shrink)

Girls have much lower mathematics self-efficacy than boys, a likely contributor to the underrepresentation of women in STEM. To help explain this gender confidence gap, we examined predictors of mathematics self-efficacy in a sample of 1,007 9th graders aged 13–18 years (54.2% girls). Participants completed a standardized math test, after which they rated three indices of mastery: an affective component (state self-esteem), a meta-cognitive component (self-enhancement), and their prior math grade. Despite having similar grades, girls reported (...) lower mathematics self-efficacy and state self-esteem, and were less likely than boys to self-enhance in terms of performance. Multilevel multiple-group regression analyses showed that the affective mastery component explained girls’ self-efficacy while cognitive self-enhancement explained boys’. Yet, a chi-square test showed that both constructs were equally relevant in the prediction of girls’ and boys’ self-efficacy. Measures of interpersonal sources of self-efficacy were not predictive of self-efficacy after taking the other dimensions into account. Results suggest that boys are advantaged in their development of mathematics self-efficacy beliefs, partly due to more positive feelings and more cognitive self-enhancement following test situations. (shrink)

A provocateur does not pose a threat of harm. Hence, a forceful response to provocation is generally considered wrongful. And yet, a provocateur is often denied recourse to a self-defence justification if she defends herself against such a violent response. In recent work, Kimberly Ferzan argues that a provocateur forfeits defensive rights but this forfeiture cannot be explained in the same way as an aggressor’s rights forfeiture. Ordinarily, one forfeits the right not to be harmed and to (...) class='Hi'>self-defend against harm by threatening to violate another person’s rights. But provocateurs forfeit their defensive rights because they bring about the situation in which defence becomes necessary. As I argue here, positing these two types of forfeiture justifications is neither desirable nor necessary. I suggest a unified rights forfeiture account that grounds rights forfeiture in moral responsibility for an unjust threat. My account offers clearer distinctions than alternative unified accounts, which I briefly discuss. Furthermore, the account can provide better explanations of intuitively plausible judgements. A provocateur will have less extensive defensive rights than an innocent victim, but will not lose all her defensive rights simply because ‘she started it.’. (shrink)

Research on abusive supervision is imbalanced in two ways. First, with most research attention focused on the destructive consequences of abusive supervision, there has been relatively little work on subordinate-related predictors of perceptions of abusive supervision. Second, with most research on abusive supervision centered on its main effects and the moderating effects of supervisor-related factors, there is little understanding of how subordinate factors can moderate the main effects of perceptions of abusive supervision on workplace outcomes. The current study aims to (...) advance knowledge of the roles of subordinates in the formation of and reactions to perceptions of abusive supervision. Specifically, based on victim precipitation theory, the authors examined subordinates’ personality traits and self-reports of task performance as antecedents of perceptions of abusive supervision. The results show that subordinates high in neuroticism or low in conscientiousness had high levels of perceived abusive supervision partially through their self-reported deleterious job performance. In addition, the authors investigated the moderating effect of subordinates’ personality on the relationship between perceptions of abusive supervision and subordinates’ interpersonal deviance. Consistent with trait activation theory, subordinates low in both agreeableness and extraversion were more likely to engage in deviant behaviors in response to perceptions of abusive supervision than subordinates high in either or both agreeableness and extraversion. (shrink)

The author contests the claim made independently by F.M. Kamm and Thomas Hurka that combatants ought to assign greater weight to collateral harm done to their compatriot noncombatants then they assign to collateral harm done to enemy non-combatants. Two arguments by analogy offered in support of such partiality, one of which appeals to permissible self/other asymmetry in cases of harming the few to save the many, and the second of which appeals to parents' justifiable partiality to their (...) children, are found wanting. The author also rebuts Kamm's argument that combatants should assign greater weight to collateral harm done to neutrals than to compatriot non-combatants. However, he contends that in some cases a neutral state's right to sovereignty may entail that a combatant ought to choose the act that will collaterally kill a greater number of compatriot non-combatants over one that involves collaterally killing a lesser number of neutrals. (shrink)

The evolution of economic altruism is one of the most vigorous areas of study at the intersection of biology, economics, and philosophy. The basic problem is easily understood. Biological organisms, be they people or paramecia, have ample opportunity to confer benefits on others at relatively low cost to themselves. If conferring such benefits becomes common, the overall productivity of the population in which it occurs is increased. Presumably, there is no advantage to refusing such benefits, but it is also the (...) case that there is considerable advantage to pursuing a strategy according to which such benefits are accepted, but not conferred. In populations where individuals interact at random with others and when individuals play pure strategies (i.e., they always confer or do not confer benefits), the inevitable outcome is that altruistic behavior is driven to extinction. (Axelrod 1984) Nonetheless, there is ample evidence that self-sacrificing behavior is common in nature. (Sober and Wilson 1998) Consequently, individuals must not be interacting at random. The pressing question is then: what patterns of non-random interaction are responsible for the prevalence of altruistic behavior, and more theoretically, what sorts of plausible mechanisms exist that could generate the right kind of non- 1 The research reported here was supported by Canada ????? grant # ????? and the Centre for Applied Ethics at the University of British Columbia. (shrink)

Central cases of moral blame suggest that blame presupposes that its target deserves to feel guilty, and that if one is blameworthy to some degree, one deserves to feel guilt to a corresponding degree. This, some think, is what explains why being blameworthy for something presupposes having had a strong kind of control over it: only given such control is the suffering involved in feeling guilt deserved. This chapter argues that all this is wrong. As evidenced by a wider range (...) of cases, blame doesn’t presuppose that the target deserves to feel guilt and doesn’t necessarily aim at the target’s suffering in recognition of what they have done. On the constructive side, the chapter offers an explanation of why, in many cases of moral blameworthiness, the agent nevertheless does deserve to feel guilt. The explanation leans on a general account of moral and non-moral blame and blameworthiness and a version of the popular idea that moral blame targets agents’ objectionable quality of will. Given the latter idea, the morally blameworthy have harmed the standing of some person or value, giving rise to obligations to give correspondingly less relative weight to their own standing, and so, sometimes, to their own suffering. (shrink)

This research report presents findings about the extent and nature of digital self-harm among New Zealand teens. Digital self-harm is broadly defined here as the anonymous online posting or sharing of mean or negative online content about oneself. The report centres on the prevalence of digital self-harm (or self-cyberbullying) among New Zealand teens (aged 13-17), the motivations, and outcomes related to engaging in this behaviour. The findings described in this report are representative of (...) the teenage population of New Zealand by gender, ethnicity and age. Key findings are: Overall, 6% of New Zealand teens have anonymously posted mean or negative content online about themselves in the past year. Teenagers’ top reasons for this behaviour were: making a joke, wanting to show resilience, looking for friends’ sympathy, and seeking reassurance of friendship. By exploring the nature and extent of this behaviour, we are providing the online safety community, schools and parents with insights about a complex and, to some extent, hidden phenomenon involving New Zealand teens. (shrink)

Dominic Wilkinson’s defence of identity-relative paternalism raises many important issues that are well worth considering. In this short paper, I will argue that there could be two important differences between the first-party and third-party cases that Wilkinson discusses, namely, a difference in associative duties and how the decision relates to the decision maker’s own autonomous life. This could mean that identity-relative paternalism is impermissible in a greater number of cases than he suggests.

The governance of nanotechnology seeks to limit its risks, without constraining opportunities. The literature on the effectiveness of approaches to governance has neglected approaches that impact directly on the behavior of a researcher. We analyze the effectiveness of legal regulations versus regulation via self-commitment. Then, we refine this model by analyzing competition and autonomy as key contingency factors. In the first step, qualitative interviews with nanotechnology researchers are conducted to reflect this model. In the second step, its empirical relevance (...) is tested using a survey of 90 nanotech researchers. The results indicate that legal regulations, as well as self-commitment to an informal CoC reduce the scope of behavior. Finally, that competition and autonomy affect the relative strength of these governance factors. (shrink)

The terms 'transcendence' and 'immanence' are often used casually and as self-evident. The spatial imagery contained in their meaning determines the way they are understood and used: as opposites, like 'there' and 'here'. As a consequence, the two concepts are seen as mutually exclusive when applied to God's being and to his activity and presence in our world and in our history. This view on the relationship between God and world is characteristic not only of deism and pantheism, but (...) also of theism. However, in the view of Thomas Aquinas, such an opposition cannot adequately capture the central tenets of the Christian faith. This book explores Aquinas' thought on transcendence and immanence in his discussions of creation, analogy, the Trinity, grace and Christ, and offers interpretations in which God's transcendence and his immanence do not exclude but imply one another. >br/>The papers contained in this volume were originally presented at the third international conference of the Thomas Instituut at Utrecht in 2005. (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize (...) themselves in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

During the COVID-19 pandemic, universities had to shift from face-to-face to emergency remote education. Students were forced to study online, with limited access to facilities and less contact with peers and teachers, while at the same time being exposed to more autonomy. This study examined how students adapted to emergency remote learning, specifically focusing on students’ resource-management strategies using an individual differences approach. One thousand eight hundred university students completed a questionnaire on their resource-management strategies and indicators of successful adaptation (...) to emergency remote learning. On average, students reported being less able to regulate their attention, effort, and time and less motivated compared to the situation before the crisis started; they also reported investing more time and effort in their self-study. Using a k-means cluster analysis, we identified four adaptation profiles and labeled them according to the reported changes in their resource-management strategies: the overwhelmed, the surrenderers, the maintainers, and the adapters. Both the overwhelmed and surrenderers appeared to be less able to regulate their effort, attention, and time and reported to be less motivated to study than before the crisis. In contrast, the adapters appreciated the increased level of autonomy and were better able to self-regulate their learning. The resource-management strategies of the maintainers remained relatively stable. Students’ responses to open-answer questions on their educational experience, coded using a thematic analysis, were consistent with the quantitative profiles. Implications about how to support students in adapting to online learning are discussed. (shrink)

Harm minimisation has been proposed as a means of supporting people who self-injure. When adopting this approach, rather than trying to stop self-injury immediately the person is allowed to injure safely whilst developing more appropriate ways of dealing with distress. The approach is controversial as the health care professional actively allows harm to occur. This paper will consider a specific objection to harm minimisation. That is, it is a misguided collaboration between the health care professional (...) and the person who self-injures that is morally and clinically questionable. The objection has two components. The first component is moral in nature and asserts that the health care professional is complicit in any harm that occurs and as a result they can be held morally responsible and subject to moral blame. The second component is clinical in nature and suggests that harm minimisation involves the health care professional in colluding in the perpetuation of self-injury. This element of the objection i... (shrink)

Vanessa Carbonell argues that sacrifices of self, unlike most other sacrifices, cannot be analyzed entirely in terms of wellbeing. For this reason, Carbonell considers sacrifices of self as posing a problem for the wellbeing theory of sacrifice and for discussions about the demandingness of morality. In this paper I take issue with Carbonell’s claim that sacrifices of self cannot be captured as prudential harms. First, I explain why Carbonell considers sacrifices of self particularly problematic. In order (...) to determine whether some state of affairs is harmful for someone, it is necessary to assume a particular account of welfare. In this paper, I assume the self-fulfillment account of welfare. I introduce this theory and show that it can account for the harm of sacrifices of self. (shrink)

Philosophers have had trouble defending the common sense view that it is permissible to impose significant cost on an innocent person who is about to harm you to prevent the harm from occurring. In this paper, I argue that such harm can be justified if one pays attention to the moral significance of imposing a cost on others. The constraint against harming people who give rise to cost by their presence or movements is weaker than the constraint (...) against harming bystanders. Moreover, I argue that people who give rise to cost have a duty to take on some of that cost to help protect the person under threat. (shrink)

In these writings by one of our most creative legal philosophers, Meir Dan-Cohen explores the nature of the self and its response to legal commands and mounts a challenge to some prevailing tenets of legal theory and the neighboring moral, political, and economic thought. The result is an insider's critique of liberalism that extends contemporary liberalism's Kantian strand, combining it with postmodernist ideas about the contingent and socially constructed self to build a thoroughly original perspective on some of (...) the most vital concerns of legal and moral theory.Dan-Cohen looks first at the ubiquity of legal coercion and considers its decisive impact on the nature of legal discourse and communication, on law's normative aspirations and claim to obedience, and on the ideal of the rule of law. He moves on to discuss basic values, stressing the preeminence of individual identity and human dignity over the more traditional liberal preoccupations with preference-based choice and experiential harm. Dan-Cohen then focuses more directly on the normative ramifications of the socially constructed self. Fundamental concepts such as responsibility and ownership are reinterpreted to take account of the constitutive role that social practices--particularly law and morality--play in the formation of the self.Throughout, Dan-Cohen draws on a uniquely productive mix of philosophical traditions and subjects, blending the methods of analytic philosophy with the concerns of Continental philosophers to reconceive the self and its relation to ethics and the law. (shrink)

Psychiatric patients may try (or express a desire) to injure themselves in hospital in order to cope with overwhelming emotional pain. Some health care practitioners and patients propose allowing a controlled amount of self-injury to occur in inpatient facilities, so as to prevent escalation of distress. Is this approach an example of professional assistance with harm? Or, is the approach more likely to minimise harm, by ensuring safer self-injury? In this article, I argue that health care (...) practitioners who use harm-minimisation can be considered to be helping physical injury to occur, although they do not encourage the act. I consider why there are compelling reasons to believe that a patient who self-injures is not maximally autonomous in relation to that choice. However, I then move onto argue that allowing a degree of self-injury may enable engagement with psychotherapy (enhancing autonomy) and behavioural change. In these circumstances, allowing injury (with precautions) may not be harm, all things considered. (shrink)

Three public opinion studies examined public attitudes toward prevalence reduction (PR; reducing the number of people engaging in an activity) and harm reduction (HR; reducing the harm associated with an activity) across a wide variety of domains. Studies 1 and 2 were telephone surveys of California adults’ views on PR and HR strategies for a wide range of risk domains (heroin, alcoholism, tobacco, skateboarding, teen sex, illegal immigration, air pollution, and fast food). “Moral outrage” items (immoral, disgusting, irresponsible, (...) dangerous) predicted preference for PR over HR, with disgust the most important predictor. In contrast, preferences were not predicted by whether the risk behavior was common, no one else’s business, or harmless. Study 3 explored whether there are domains where liberals might reject HR. A sample of liberal students preferred HR > PR for heroin, but PR > HR for ritual female circumcision; path analysis suggested that this reversal was explained by moral outrage rather than consequentialist judgments of harm to self and harm to others. (shrink)

Miranda Fricker identifies a specific kind of epistemic harm that comes from assigning diminished credibility to others; when this is the result of identity prejudice it results in testimonial injustice. Fricker argues that this kind of injustice follows only from assigning diminished credibility to a person; assigning inflated credibility is never a testimonial injustice. In this paper I examine and expand arguments to the effect that assigning inflated credibility to one person can epistemically harm another. I extend this (...) argument to self-evaluation. Psychological research on the overconfidence bias reveals ways in which we may systematically assign too much epistemic credibility to ourselves. However, our biases are not simple; they have a complex pattern revealed by the Dunning–Kruger effect. I will argue that we need to develop virtues of self-evaluation help counteract our self-bias. These virtues will be an important tool in helping us to avoid committing epistemic injustice to ourselves and to others. (shrink)

Moral and political philosophers no longer condemn harm inflicted on nonhuman animals as self-evidently as they did when animal welfare and animal rights advocacy was at the forefront in the 1980s, and sentience, suffering, species-typical behavior, and personhood were the basic concepts of the discussion. The article shows this by comparing the determination with which societies seek responsibility for human harm to the relative indifference with which law and morality react to nonhuman harm. When harm (...) is inflicted on humans, policies concerning negligence and duty of care and principles such as the ‘but for’ rule and the doctrine of double effect are easily introduced. When harm is inflicted on nonhumans, this does not happen, at least not any more. As an explanation for the changed situation, the article offers a shift in discussion and its basic terminology. Simple ethical considerations supported the case for nonhuman animals, but many philosophers moved on to debate different views on political justice instead. This allowed the creation of many conflicting views that are justifiable on their own presuppositions. In the absence of a shared foundation, this fragments the discussion, focuses it on humans, and ignores or marginalizes nonhuman animals. (shrink)

Self-harm, or self-mutilation, is generally viewed in academic literature as a pathological act, usually born out of trauma and/or a psychological and personality defect. Individuals who engage in self-harm are usually seen as damaged, destructive, and pathological. While self-harm is not a desirable act, this paper argues through the narratives of those who engage in such acts that self-harm may be better construed as a meaningful, embodied emotional practice, bound up in (...) social understandings of psychological pain and how best to attend to such pain. In particular, this paper suggests that those who engage in self-harm practices are performing embodied, socially situated acts of healing, survival, and self-creation in a physical attempt to retell complex, fragmented stories of abuse, existential angst, trauma, and loss of self. While these individuals may be more or less successful in such attempts, this paper suggests that understandings of self-harm would benefit from more nuanced approaches to individuals’ embodied expressions of pain that take into account the difficult nature of psychological suffering and the effects of trauma. (shrink)

In _Pharmaceutical Freedom_ Professor Flanigan argues we ought to grant people self-medication rights for the same reasons we respect people’s right to give (or refuse to give) informed consent to treatment. Despite being the most comprehensive argument in favour of self-medication written to date, Flanigan’s _Pharmaceutical Freedom_ leaves a number of questions unanswered, making it unclear how the safe-guards Flanigan incorporates to protect people from harming themselves would work in practice. In this paper, I extend Professor Flanigan’s account (...) by discussing a hypothetical case to illustrate how these safe-guards could work together to protect people from harms caused by their own ignorance or incompetence. (shrink)

This paper demonstrates how the UK’s Advertising Standards Authority governs advertising ethics with and on behalf of its members and stakeholders. Drawing on an archive of 310 non-commercial adjudication reports, we highlight the substantive norms and procedural mechanisms through which the ASA governs advertising complaints alleging offence and/or harm. Substantively, the ASA precludes potential normative transgressions by publishing, disseminating, consulting upon, and updating detailed codes of advertising conduct. Procedurally, the ASA adjudicates between allegations and justifications of offence and (...) class='Hi'>harm on a received complaint-by-complaint basis, often upon consequentialist grounds. Such consequentialism, we claim, has the effect of normalizing power imbalances between the ASA’s members, on the one hand, and wider stakeholders, on the other hand. The paper argues that, in the context of UK advertising, what Michel Foucault called the right ‘to be or not to be governed like that’ is enjoyed by relatively few subjects. Having demonstrated how UK advertising practices are governed, the paper closes with suggestions as to how they might be governed otherwise. (shrink)

Andrei Marmor has recently offered a narrow interpretation of the right to privacy as a right to having a reasonable amount of control over one's self‐presentation. He claims that the interest people have in preventing others from abusing their personal information to do harm is not directly protected by the right to privacy. This article rejects that claim and defends a view according to which concerns about abuse play a central role in fleshing out the appropriate scope of (...) a general right to privacy. (shrink)

Self-harm within immigration detention centres has been a widely documented phenomenon, occurring at far higher rates than the wider community. Evidence suggests that factors such as the conditions of detention and uncertainty about refugee status are among the most prominent precipitators of self-harm. While important in explaining self-harm, this is not the entire story. In this paper, we argue for a more overtly political interpretation of detainee self-harm as resistance and assess the (...) ethical implications of this view, drawing on interviews with detainees from Australia’s offshore system. Self-harm by detainees is not only a medical ‘condition’ arising in response to oppression but a form of political action to lessen or contest it. We first establish how self-harm could be conceptualised as resistance. We then discuss its political purpose, noting it serves at least three functions: intrinsic, instrumental and disruptive or coercive. Viewing detainee self-harm as political resistance is a supplement to (rather than a substitute for) a medical approach. However, conceptualising self-harm this way has several advantages, namely, moving away from the idea that such behaviour is ‘maladaptive’, recognising detainees as political agents, combatting government claims of ‘manipulation’ and ‘blackmail’ and clarifying the duties of healthcare workers who work in detention. (shrink)

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

SummaryThis paper scrutinises early modern thinking about our moral relations to ourselves. It begins by reiterating the too-often-ignored point that full self-ownership was not a position defended in Britain—by Locke or anyone else. In fact, the actual early modern positions about the moral relations we have to ourselves have been obscured by our present-day interest in self-ownership. The paper goes on to organise the moral history of the self by examining the reasons available for prohibiting self- (...) class='Hi'>harm. Those reasons typically had their source in God, self, and others. Major divisions in the period arose over which kinds of reasons could be invoked and why. The defining feature of this intellectual landscape was the debate between ‘other-regarding’ and ‘dignity’ theorists, who differed over the moral status of the self and over its importance as a source of moral reasons. More dramatically and controversially, various freethinkers and sceptics questioned the importance of God as a source of prohibitions for self-harm. After offering an interpretation of this history, the paper concludes by noting some connections and contrasts between early modern and present-day moral and political philosophy on the moral status of the self. (shrink)

Is it ethical for doctors or courts to prevent patients from making choices that will cause significant harm to themselves in the future? According to an important liberal principle the only justification for infringing the liberty of an individual is to prevent harm to others; harm to the self does not suffice.In this paper, I explore Derek Parfit’s arguments that blur the sharp line between harm to self and others. I analyse cases of treatment (...) refusal by capacitous patients and describe different forms of paternalism arising from a reductionist view of personal identity. I outline an Identity Relative Paternalistic Intervention Principle for determining when we should disallow refusal of treatment where the harm will be accrued by a future self, and consider objections including vagueness and non-identity.Identity relative paternalism does not always justify intervention to prevent harm to future selves. However, there is a stronger ethical case for doing so than is often recognised. (shrink)

Although being generally safe, the use of Deep Brain Stimulation has been associated with a significant number of patients experiencing postoperative psychological and neurological harm within experimental trials. A proportion of these postoperative severe adverse effects have lead to the decision to medically prescribe device deactivation or removal. However, there is little debate in the literature as to what is in the patient’s best interest when device removal has been prescribed; in particular, what should be the conceptual approach to (...) ethically guide the decision to remove or maintain implants. The purpose of this article is to examine the ethical issues raised when patients refuse brain device explantation despite medical prescription. In order to illustrate these issues, we report and discuss a clinical case involving a patient suffering from treatment resistant depression who experienced forms of postoperative self-estrangement, as well as suicidal attempts, but who resists giving consent to device explantation. (shrink)

abstract David Rodin argues that the right of national‐defence as conceived in international law cannot be grounded in the end of defending the lives of individuals. Firstly, having this end is not necessary because there is a right of defence against an invasion that threatens no lives. However, in this context we are to understand that ‘defending lives’ includes defending against certain non‐lethal threats. I will argue that threats to national‐self determination and self‐government are significant non‐lethal threats to (...) the wellbeing of individuals that can justify lethal defensive force. Therefore the end of defending individuals can ground a right of national‐defence against a ‘bloodless invasion’. Secondly, Rodin argues that defending lives is not a sufficient condition for military action to be national self‐defence, because humanitarian intervention is military action to defend individuals, and such action is in deep tension with national self‐defence. I will argue that a reductive account, grounded in claims of need and threats of harm, can justify principles of both intervention and non‐intervention on the same grounds; that is, protecting the wellbeing of individuals. (shrink)

David Rodin argues that the right of national-defence as conceived in international law cannot be grounded in the end of defending the lives of individuals. Firstly, having this end is not necessary because there is a right of defence against an invasion that threatens no lives. However, in this context we are to understand that 'defending lives' includes defending against certain non-lethal threats. I will argue that threats to national-self determination and self-government are significant non-lethal threats to the (...) wellbeing of individuals that can justify lethal defensive force. Therefore the end of defending individuals can ground a right of national-defence against a 'bloodless invasion'. Secondly, Rodin argues that defending lives is not a sufficient condition for military action to be national self-defence, because humanitarian intervention is military action to defend individuals, and such action is in deep tension with national self-defence. I will argue that a reductive account, grounded in claims of need and threats of harm, can justify principles of both intervention and non-intervention on the same grounds; that is, protecting the wellbeing of individuals. (shrink)

This article reads Malu De Martino’s 2010 film Como Esqueçer as a case study in self-harm as a mode of expression and self-inquiry. Drawing on disability and queer theory, psychoanalysis, and sociology of medicine, the author argues that How to Forget charts a “crip” epistemology of self-harm and theorizes a “social self.” That is to say, the film models an orientation towards self-harm that offers a coalitional and social therapeutic understanding. Based on (...) this reading, the author suggests the application of practices of knowing-with, or knowing-in-relation as “cripistemology” to a broader therapeutic, research, and lay context. (shrink)

Algorithms are used to calculate and govern varying aspects of public life for efficient use of the vast data available about citizens. Assuming that algorithms are neutral and efficient in data-based decision making, algorithms are used in areas such as criminal justice and welfare. This has ramifications on the ideal of democratic self-government as algorithmic decisions are made without democratic deliberation, scrutiny or justification. In the book _Democracy without Shortcuts_, Cristina Lafont argued against “shortcutting” democratic self-government. Lafont’s critique (...) of shortcuts turns to problematise taken-for-granted practices in democracies that bypass citizen inclusion and equality in authoring decisions governing public life. In this article, I extend Lafont’s argument to another shortcut: the algocratic shortcut. The democratic harms attributable to the algocratic shortcut include diminishing the role of voice in politics and reducing opportunities for civic engagement. In this article, I define the algocratic shortcut and discuss the democratic harms of this shortcut, its relation to other shortcuts to democracy and the limitations of using shortcuts to remedy algocratic harms. Finally, I reflect on remedy through “aspirational deliberation”. (shrink)