This paper discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are then applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological. It is argued (...) that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, it should give rise to special moral obligations. Using the notion of residual obligation, these obligations are defended, categorized and clarified. (shrink)

Epicurus notoriously argued that death at no time is a harm because before death there is no harm and after death there is no victim. The denial that death can be a harm to the one who dies has been challenged by various claims including (1) death is eternally bad for the victim (Feldman), (2) it is before death that it is bad for the victim (Feinberg and Pitcher), (3) death is bad for the victim but at no particular time (...) (Nagel), and (4) it is at the time of death that death is bad for the victim (Lamont). Nagel's account is more plausible and is consistent with the view that the temporal location of the harm of untimely death is best understood as the time when the decedent might otherwise have lived. (edited). (shrink)

In recent years, the question of whether prospective parents might have a moral obligation to select against disability in their offspring has piqued the attention of many prominent philosophers and bioethicists, and a large literature has emerged surrounding this question. Rather than looking to the most common arguments given in support of a positive response to the abovementioned question, such as those focusing on the harms disability may impose on the child created, duties and role-specific obligations, and impersonal ‘harms’, a (...) less commonly made set of arguments is focused upon which looks to the harms that a decision not to select against disability may impose on others. Three different possible arguments supporting a limited duty of disability avoidance are thus identified and subsequently explored: harms to parents themselves, harms to existing family members, and harms to other existing members of society. (shrink)

Has the time come to put to bed the concept of a harm threshold when discussing the ethics of reproductive decision making and the legal limits that should be placed upon it? In this commentary, we defend the claim that there exist good moral reasons, despite the conclusions of the non-identity problem, based on the interests of those we might create, to refrain from bringing to birth individuals whose lives are often described in the philosophical literature as ‘less than worth (...) living’. (shrink)

I argue in this essay that there can be harm due to philosophy that is not directly expressed in violent imagery. The harm is instead a concealed and delayed detrimental effect of an assumption of non-violence in a working model, defined as a picture of a field of enquiry and the methods required to approach it. Theses for the extended mind, as developed by Andy Clark and others, lead to a form of harm that follows from the models they work (...) with. These engineering, tool and function-based models seek smooth interactions and transparency. Following points made by Kim Sterelny in the philosophy of biology, I argue that claims for smoothness and transparency conceal underlying conflict in the situations they seek to describe and explain. This concealment leads to harm, defined as a diminishing of our capacities to flourish in a given environment. (shrink)

For the majority of scholars concerned with the ethics of living organ donation, inflicting moderate harms on competent volunteers in order to save the lives or increase the life chances of others is held to be justifiable provided certain conditions are met. These conditions tend to include one, or more commonly, some combination of the following: The living donor provides valid consent to donation. Living donation produces an overall positive balance of harm–benefit for donors and recipients which cannot be obtained (...) in a less harmful manner. Donation is not liable to cause significant and long-term morbidity to, or the death of, the donor. This paper critically examines the suggestion that these criteria are not sufficient to offer a general account of justified living organ donation in the context of competent volunteers and that key to justified living organ donation is that donors receive sufficient benefits from their donation that these outweigh the harms they suffer. However, although this view—termed here ‘The Donor Benefit Standard’—directs welcome attention to the many and complex motives which may underlie living organ donation, this paper ultimately concludes that given the threats this position poses to individual autonomy and the lives of those in need of organ transplants ‘The Donor Benefit Standard’ should ultimately be rejected. (shrink)

The field of AI safety aims to prevent increasingly capable artificially intelligent systems from causing humans harm. Research on moral alignment is widely thought to offer a promising safety strategy: if we can equip AI systems with appropriate ethical rules, according to this line of thought, they'll be unlikely to disempower, destroy or otherwise seriously harm us. Deontological morality looks like a particularly attractive candidate for an alignment target, given its popularity, relative technical tractability and commitment to harm-avoidance principles. I (...) argue that the connection between moral alignment and safe behavior is more tenuous than many have hoped. In general, AI systems can possess either of these properties in the absence of the other, and we should favor safety when the two conflict. In particular, advanced AI systems governed by standard versions of deontology need not be especially safe. (shrink)

Rights come in various types - human, moral, civil, political and legal - and claims about who has a right, and to what, are often contested. What are rights? Are they timeless and universal, or merely conventional? How are they related to other morally significant values, such as well-being, autonomy, and community? Can animals have rights? Or fetuses? Do we have a right to do as we please so long as we do not harm others? This is the only accessible (...) and readable introduction to the history, logic, moral implications, and political tendencies of the idea of rights. It is organized chronologically and discusses important events, such as the French Revolution. As an undergraduate text it is well-suited to introductions to political philosophy, moral philosophy, and ethics. It could also be used in courses on political theory in departments of political science and government, and in courses on legal theory in law schools. (shrink)

We are often unsure about what we ought to do. This can be because we lack empirical knowledge, such as the extent to which future generations will be harmed by climate change. It can also be because we lack normative knowledge, such as the relative moral importance of the interests of present people and the interests of future people. However, though the question of how one ought to act under empirical uncertainty has been addressed extensively by both economists and philosophers---with (...) expected utility theory providing the standard formal framework---the question of how one ought to act under normative uncertainty is comparatively neglected. My thesis attempts to address this gap. -/- In my thesis I develop a view that I call metanormativism: that there are second-order norms that govern action that are relative to a decision-maker's uncertainty about first-order norms. -/- In the first part of the thesis, I defend one specific metanormative view: that under normative uncertainty decision-makers should maximise expected choice-worthiness, treating normative uncertainty analogously with empirical uncertainty. Drawing on the analogy between decision-making under normative uncertainty and social choice theory, I defend this view at length in response to the problem of merely ordinal theories and the problem of intertheoretic value comparisons. -/- In the second part of the thesis, I explore the implications of metanormativism for other philosophical issues. I argue that it has important consequences regarding the theory of rational action in the face of incomparable values, the causal/evidential debate in decision-theory, and our assessment of the value of moral philosophy. (shrink)

When attempting to determine which of our acts affect future generations and which affect the identities of those who make up such generations, accounts of personal identity that privilege psychological features and person affecting accounts of morality, whilst highly useful when discussing the rights and wrongs of acts relating to extant persons, seem to come up short. On such approaches it is often held that the intuition that future persons can be harmed by decisions made prior to their existence is (...) mistaken as identity is a most fragile thing with even the smallest differences in the conditions under which we procreate affecting not the interests of distinct future persons, but the identities of those who will come to exist in the future. Within this paper I reject this view, holding that a subscription to these two accounts need not result in the conclusion that virtually all acts relating to possible persons are permitted. Further, I argue that such accounts may in fact allow a great deal more scope for the determination of prenatal harms than accounts of personal identity that privilege physical features. Finally, by interpreting claims regarding causal identity such as Parfit’s Time Dependence Claim in terms of Counterpart Theory I suggest that a solution to the non-identity problem can be found in the acceptance of, as relevant in prenatal cases, three kinds of objective similarity relations: Biological, Environmental and Decisional counterpart relations. (shrink)

The use of mathematical models to support decision making is proliferating in both the public and private sectors. Advances in computer technology and greater opportunities to learn the appropriate techniques are extending modeling capabilities to more and more people. As powerful decision aids, models can be both beneficial or harmful. At present, few safeguards exist to prevent model builders or users from deliberately, carelessly, or recklessly manipulating data to further their own ends. Perhaps more importantly, few people understand or appreciate (...) that harm can be caused when builders or users fail to recognize the values and assumptions on which a model is based or fail to take into account all the groups who would be affected by a model's results. This volume provides a setting for a dialogue about ethics and shows the need to continue and define a vocabulary for exploring ethical concerns. It will become increasingly important for model builders and users to have a clear and strong code of ethics to guide them in making the ethical decisions they surely will have to face. (shrink)

It has been argued that the social circumstances of many children of prisoners goes against established principles of social justice. In this paper the proper allocation of responsibility for remedying this social injustice is discussed. Through a discussion of four principles for allocating remedial responsibility, it is argued that the responsibility for children of incarcerated parents is shared among several actors, including the incarcerated parent, remaining caregivers, prison officials, social work professionals, and, to some extent, members of the wider community. (...) While incarcerated parents are partially responsible for remedying the harm caused to their children, prison officials have the responsibility to uphold the types of prison conditions under which incarcerated parents are able to fulfill their responsibilities to their children and socially contribute to their well-being. Similarly, whereas the main responsibility to care for the children of incarcerated parents falls on the caregivers (such as the remaining parent or other family relatives), states are at the same time responsible for implementing social welfare policies of the sort that can help caregivers fulfill their responsibilities for the well-being of these children. As for individual members of the wider community, they have an obligation not to contribute to the stigmatization and marginalization of the families of incarcerated individuals. (shrink)

This article considers the charge that citizens of developed societies are complicit in large-scale harms, using climate destabilisation as its central example. It contends that we have yet to create a lived morality – a fabric of practices and institutions – that is adequate to our situation. As a result, we participate in systematic injustice, despite all good efforts and intentions. To make this case, the article draws on recent discussions of Kant’s ethics and politics. Section 1 considers Tamar Schapiro’s (...) account of how otherwise decent actions can be corrupted by others’ betrayals, and hence fall into complicity. Section 2 turns to discussions by Christine Korsgaard and Lucy Allais, which highlight how people can be left without innocent choices if shared frameworks of interaction do not instantiate core ideals. Section 3 brings these ideas together in order to make sense of the charge of complicity in grave collective harms, and addresses some worries that the idea of unavoidable complicity may raise. (shrink)

The distinction between harm that is intended as a means or end, and harm that is merely a foreseen side-effect of one’s action, is widely cited as a significant factor in a variety of ethical contexts. Many use it, for example, to distinguish terrorist acts from certain acts of war that may have similar results as side-effects. Yet Bennett and others have argued that its application is so arbitrary that if it can be used to cast certain harmful actions in (...) a more favorable light, then it can equally be manipulated to do the same for any kind of harmful action. In response, some have tried to block such extensions of the intend/foresee distinction by rejecting its application in cases where the relation between the plainly intended means and the harm is “too close”. This move, however, has been attacked as vague and obscure, and Bennett has argued that all the plausible candidates for explicating the idea of excessive closeness ultimately fail. In this paper, I develop and defend an account of excessive closeness with the aim of rescuing the intend/foresee distinction from such charges of arbitrariness. The account is based on the distinction between merely causal and constitutive relations among states of affairs, and I show both how it escapes Bennett’s objections to other accounts and how it applies to a variety of cases. Finally, I also examine Quinn’s alternative move of shifting the focus of the intend/foresee distinction in an attempt to sidestep the issue of closeness, and argue that it is not ultimately successful. In fact, Quinn’s view has shortcomings that can be resolved only by returning to an appeal to some notion of closeness, underscoring the need for the sort of account I offer. (shrink)

This paper investigates the circumstances under which it is morally permissible to impose non-negligible risks of serious harm on innocent civilians in order not to endanger tangible cultural heritage during armed conflict. Building on a previous account of the value of cultural heritage, it is argued that tangible cultural heritage is valuable because of how it contributes to valuable and meaningful human lives. Taking this account as the point of departure I examine the claim that commanders should be prepared to (...) risk lives of innocent civilians in order to avoid harm to tangible cultural heritage. I argue that imposing high risks of serious harm on innocent civilians without their consent constitutes a wrong that can be justified only in order to avoid a greater evil. It is then argued that damage to cultural heritage sites rarely constitutes the greater evil when weighed against the imposition of non-consensual risks of serious harm on innocent civilians, especially when the risk is substantial. Still, imposing substantial risks might be morally permissible under the condition that they are consensually imposed, even if they are not the lesser evil. However, I argue that even if one has reason to suspect that there are civilians who might consent to at least some significant risks in order to avoid damage to their cultural heritage, it is not clear that commanders should take this into account when deciding what to do. Unless all of those who are at risk consent, the fact that some of those whose lives are at risk consent to the risk of being killed do not make it morally permissible to impose this risk on the group as a whole. (shrink)

This paper argues for the importance of approaching medicine, as a theoretical science, through values. The normative concepts of benefit and harm are held to provide a framework for the analysis of medicine which reflects the obligations of the doctor-patient relationship, suffices to define the key concept of medical relevance, yields a general necessary condition for the basic concepts of medicine, explains the role of such nonnormative conceptions as discomfort, dysfunction, and incapacity, and avoids the mistakes of other normative approaches (...) which hold that unhealthy conditions are disvaluable or should be treated. Neutralist analyses are criticized, especially those approaching health through proper functioning. (shrink)

The Doctrine of Double Effect (DDE) is an influential non-consequentialist principle positing a role for intention in affecting the moral permissibility of some actions. In particular, the DDE focuses on the intend/foresee distinction, the core claim being that it is sometimes permissible to bring about as a foreseen but unintended side-effect of one’s action some harm it would have been impermissible to aim at as a means or as an end, all else being equal. This article explores the meaning and (...) application of the DDE along with current debates over the nature of the intend/foresee distinction and its moral significance. How is the line between intended effects and merely foreseen but unintended side-effects to be drawn, and how are problem cases best handled? What is an appropriate methodology for debating the tenability of the DDE? How might the DDE interact with other non-consequentialist principles, and how might it be modified to capture other related factors (resulting perhaps in a Doctrine of Triple Effect) or to avoid certain problem cases? Does the DDE make permissibility turn on the actual intentions of particular agents, as critics such as Thomson and Scanlon assume, or is the role of intention more abstract? (shrink)

This paper argues that the rules that constitute a market protect autonomy and increase welfare in healthcare. Markets do the former through protecting rights to self-ownership and a cluster of rights that protect its exercise. Markets protect welfare by organizing and protecting trades. In contrast, prohibition destroys legitimate markets, giving rise to so-called black markets that harm both the autonomy and well-being of agents. For example, a fee-for-service medical system is a highly developed and specialized market. It is individuals working (...) together, through the division of labor, to provide mutual insurance. This coordination, and the benefits it makes possible, is not possible without injunctions against harm. Prohibitions on harm are not mere ethical niceties, they are practice rules for both healthcare and markets. Placing the doctor within a healthcare market actually reinforces the doctor’s moral obligation, and the legal enforcement of that obligation, not to harm. Similarly, markets reinforce patient rights to self-determination through legal and institutional enforcement of the harm principle in the form of the protection of certain basic welfare rights to life, bodily integrity, property, trade, and contract. Since the establishment of markets protects agent autonomy and welfare, and prohibition directly harms the same, there are strong reasons for establishing markets to protect trade in precisely those areas where autonomy and well-being are most vulnerable to exploitation, for example, the trade in human kidneys. (shrink)

Many people believe human fetuses have the same moral status as adult human persons, that it is wrong to allow harm to befall things with this moral status, and thus voluntary, induced abortion is seriously morally wrong. Recently, many prochoice theorists have argued that this antiabortion stance is inconsistent; approximately 60% of human fetuses die from spontaneous abortion, far more than die from induced abortion, so if antiabortion theorists really believe that human fetuses have significant moral status, they have strong (...) moral obligations to oppose spontaneous abortion. Yet, few antiabortion theorists devote any effort to doing so. Many prochoice theorists argue that to resolve this inconsistency, antiabortion theorists should abandon their opposition to induced abortion. Here, I argue that those who do not abandon their opposition to induced abortion but continue to neglect spontaneous abortion act immorally. Aristotle argues that moral responsibility requires both control and awareness; I argue that once an antiabortion theorist becomes aware of the frequency of spontaneous abortion, they have a strong moral obligation to redirect their efforts towards combating spontaneous abortion; failure to do so is morally monstrous. (shrink)

The famous ‘trolley problem’ began as a simple variation on an example given in passing by Philippa Foot , involving a runaway trolley that cannot be stopped but can be steered to a path of lesser harm. By switching from the perspective of the driver to that of a bystander, Judith Jarvis Thomson showed how the case raises difficulties for the normative theory Foot meant to be defending, and Thomson compounded the challenge with further variations that created still more puzzles (...) of broader interest. In recent years, her thought experiments have even been co-opted by psychologists engaged in the empirical study of moral judgment . Yet more than thirty years after launching the trolley problem, Thomson has now strikingly reversed course, retracting the very claim she had originally used to raise puzzles for Foot. I shall argue that this reversal is a mistake, leading to a needlessly counterintuitive, contrarian position about damage-control cases. Instead of overturning her earlier position, her new variations merely uncover a surprising insight about the conditions under which one may permissibly sacrifice another for a good end.1. The central case at issue is what Thomson now calls Bystander's Two Options: you are a bystander who sees a runaway trolley headed toward five innocent people who cannot move off the track; you cannot stop the trolley, but you have access to a switch that will divert it onto a side track where one innocent person is trapped. Is it permissible to throw the switch and divert the trolley toward lesser harm? The common answer, and Thomson's earlier one, is that it is: in cases like this, where there is a public threat and we can act on it so …. (shrink)

The question of whether or not God exists is endlessly fascinating and profoundly important. Now two articulate spokesmen--one a Christian, the other an atheist--duel over God's existence in a lively and illuminating battle of ideas. In God?, William Lane Craig and Walter Sinnott-Armstrong bring to the printed page two debates they held before live audiences, preserving all the wit, clarity, and immediacy of their public exchanges. With none of the opaque discourse of academic logicians and divinity-school theologians, the authors (...) make claims and comebacks that cut with precision. Their arguments are sharp and humorous, as each philosopher strikes quickly to the heart of his opponent's case. For example, Craig claims that we must believe in God to explain objective moral values, such as why rape is wrong. Sinnott-Armstrong responds that what makes rape wrong is the harm to victims of rape, so rape is immoral even if there is no God. From arguments about the nature of infinity and the Big Bang, to religious experience and divine action, to the resurrection of Jesus and the problem of evil, the authors treat us to a remarkable display of intelligence and insight--a truly thought-provoking exploration of a classic issue that remains relevant to contemporary life. (shrink)

The practice of making datasets publicly available for use by the wider scientific community has become firmly integrated in genomic science. One significant gap in literature around data sharing concerns how it impacts on scientists’ ability to preserve values and ethical standards that form an essential component of scientific collaborations. We conducted a qualitative sociological study examining the potential for harm to ethnic groups, and implications of such ethical concerns for data sharing. We focused our empirical work on the MalariaGEN (...) Consortium, one of the first international collaborative genomics research projects in Africa. (shrink)

Given plausible assumptions about the long-run impact of our everyday actions, we show that standard non-consequentialist constraints on doing harm entail that we should try to do as little as possible in our lives. We call this the Paralysis Argument. After laying out the argument, we consider and respond to a number of objections. We then suggest what we believe is the most promising response: to accept, in practice, a highly demanding morality of beneficence with a long-term focus. GPI Working (...) Paper No. 6-2019. (shrink)

The norms of simplicity, convenience, unfussiness, and self-control guide Diogenes the Cynic, Zeno of Citium, Chrysippus, Seneca, Musonius Rufus, Epictetus, and Marcus Aurelius in approaching food. These norms generate the precept that meat and dainties are luxuries, so Stoics should eschew them. Considerations of justice, environmental harm, anthropogenic global climate change, sustainability, food security, feminism, harm to animals, personal health, and public health lead contemporary Stoics to condemn the meat industrial complex, debunk carnism, and select low input, plant-based foods.

Most opposition to abortion stands or falls on whether a fetus is the sort of being whose life it is seriously wrong to end. In her influential paper ‘A defense of abortion,’ Judith Jarvis Thomson effectively sidesteps this issue, assuming the fetus is a person with the right to life yet arguing this alone does not give it the right to use the mother’s body. In a recent article, Perry Hendricks takes inspiration from Thomson and assumes the fetus is not (...) a person, arguing that abortion is wrong because causing fetal impairment is wrong and abortion is worse than causing fetal impairment. Here I argue Hendricks’ impairment argument fails. For Hendricks, risking fetal impairment is wrong because it risks harm to a future person, but if we assume the fetus is not a person, abortion doesn’t harm anyone, it merely prevents them from existing. (shrink)

To begin with, we need to separate off the easy talk of “rights” in which they seem automatically to correspond with a person’s duties or obligations. It is of course true that since I have a duty not to wreak murder or mayhem on you, you have the corresponding right that I not do these things. But so far, the talk of “rights” is simply an alternative way to speak of someone else’s duties; the special or unique point to a (...) “right” would seem to be that it places in its possessor’s hands the power to decide whether another person’s obligation toward him may be waived or not. I wouldn’t be able to waive my right to your not murdering me; although I could waive your right to be extraordinarily careful not to cause me harm—as I imagine boxers do (within the limits of the agreed-upon rules) or patients do who will be subjected to experimental therapies and sign consent forms or skydivers do who agree to be dropped from planes at high altitudes. A right places a constraint on the corresponding obligation. (shrink)

This article addresses two issues. First, it critiques a prominent position regarding how affluent states should balance their national interest on the one hand and their duty to aid developing states on the other. Second, it suggests that absent a principled way to balance national interest with international aid, a state’s more immediate concern is to comply with its negative duty to not harm other states. To support this position, the article constructs a conception of harm that may be applied (...) to questions regarding a state’s negative duties, focusing upon the example of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS). (shrink)

The past few decades of moral psychology research have yielded empirical anomalies for rationalist theories of moral judgments. An increasing number of psychologists and philosophers argue that these anomalies are explained well by sentimentalism, the thesis that the presence of an emotion is necessary for the formation of a sincere moral judgment. The present review reveals that while emotions and moral judgments indeed often co-occur, there is scant evidence that emotions directly cause or constitute moral judgments. Research on disgust, anger, (...) sympathy, and guilt indicates that people only reliably experience emotions when judging conduct that is relevant to the welfare of the self and valued others. Moreover, many recent studies have either failed to replicate or exposed crucial confounds in the most cited evidence in support of sentimentalism. Moral psychologists should jettison sentimentalism, and focus instead on how considerations of harm and welfare—the core concepts of rationalist theories— interact with empirical beliefs to shape moral judgments. (shrink)

Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...) the heart of culpability. For instance, planning to kill someone is strong evidence of what the law calls mens rea—a guilty mind. Claims about norms, or ethical “should” claims, express two-level propositions, directed at the behaving person at one level, and at that person’s mind and cognitive control network at another level. Thus, “People should stop themselves from hurting others,” is a claim about how people should behave and also a claim about how their cognitive control networks should behave—i.e., they should inhibit harmful behavior, or the intentions leading up to it. Planning is both an ability of the full person, and of that person’s mind. Neuroscience affirms the common notion, seen both in law and folk psychology, that what makes us guilty or culpable are certain events and states that exist in our minds. Overt behavior, including speech, is fallible evidence of these states and processes. Cases of negligence still involve the executive processes, but “negatively,” in that negligence results when certain types of executive activity fail to take place. (shrink)

Japan’s economy has stagnated since the bursting of the twin real estate and stock bubbles in 1990. Construction employment rose after the bubbles burst despite a real estate glut.Systemic corruption is delaying recovery. The key is thedango—Japan’s system of bid rigging, which is pervasive in public construction. The firms rotate who will win the “competitive” bid. The bureaucrats leak the highest price bid that will be accepted in return for favors from the industry and lucrative sinecures when they retire. The (...) ruling politicians get kickbacks and ensure the adoption of enormous public construction programs.The result is that Japanese public and private capital flows are corruptly routed to uses that are not simply inefficient, but outright harmful to society. Pervasive corruption is the primary obstacle to Japanese economic health and political reform. (shrink)

:Political theory is not a purely theoretical enterprise; it is intended to be practical and action-guiding. To perform this role, the requirements of political theory must be possible, and the standard of possibility it employs must be appropriate to the political domain. Because human beings vary in their capacity for morality and justice, a reasonably just society, as Rawls understands it, must not be expected. Despite his concerns to the contrary, the possibility of a just polity is not needed to (...) ward off resignation and cynicism. There is a principled path between a politics of complacency that thwarts feasible progress and a politics of utopian aspiration that ends by inflicting harm in the name of doing good. (shrink)

This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications (...) of this argument. Ultimately I argue the invasion of privacy should be minimized to the greatest extent possible without compromising other important values and rights to safety and security. In defending this position, I argue that respect for inmates’ privacy should be part of the objective of creating and upholding a secure environment to better effect in the long run. Paper 2 discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological, and it is argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, imprisonment should give rise to special moral obligations towards families of prisoners. Using the notion of residual obligation, these obligations are defended, categorized and clarified. Paper 3 evaluates electronic monitoring from an ethical perspective and discusses whether it could be a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. EM evaluated from an ethical perspective as six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development. (shrink)

The destruction of cultural heritage in war is currently attracting considerable attention. ISIS’s campaign of deliberate destruction across the Middle East was met with widespread horror and calls for some kind of international response. The United States attracted criticism for both its accidental damaging of Ancient Babylon in 2015 and its failure to protect the Mosul Museum from looters in 2003. In 2016, the International Criminal Court prosecuted its first case of the destruction of heritage as a war crime. While (...) the destruction of heritage is widely condemned, there has also been condemnation of calls to mobilize our resources for the sake of heritage protection when human beings face threats to life and limb. Such issues are both philosophically rich and personally significant to a wide range of people. And yet they have been largely neglected by academic philosophers. This book makes a substantial contribution to developing this new philosophical territory. The contributors are a mixture of internationally recognized authorities in their fields and early-career researchers working in this area. Their eleven original essays investigate a variety of philosophical and ethical issues arising from the phenomenon of heritage destruction in war, including conflicts between protecting heritage and protecting people, how we ought to respond to heritage that is damaged in war, the nature of the harm caused by such damage, and the morally appropriate treatment of sites of war and conflict that have themselves become heritage sites. (shrink)

This thesis provides an ethical analysis of imprisonment as a mode of punishment. Consisting in an introduction and four papers the thesis addresses several important questions concerning imprisonment from a number of different perspectives and theoretical starting points. One overall conclusion of this thesis is that imprisonment, as a mode of punishment, deserves more attention from moral and legal philosophers. It is also concluded that a more complete ethical assessment of prison conditions and prison management requires a broader focus. It (...) must include an explicit discussion of both how imprisonment directly affects prison inmates and its negative side-effects on third parties. Another conclusion is that ethical discussions on prison conditions should not be too easily reduced to a question about how harsh or lenient is should be. Paper 1 argues that prisoners have a right to privacy. It is argued that respect for inmates’ privacy is related to respect for them as moral agents. Consequently, respect for inmates’ privacy is called for by different established philosophical theories about the justification of legal punishment. Practical implications of this argument are discussed and it is argued that invasion of privacy should be minimized to the greatest extent possible, without compromising other important values or the rights to safety and security. It is also proposed that respect for privacy should be part of the objective of creating and upholding a secure environment. Paper 2 discusses whether the collateral harm of imprisonment to the children and other close family members of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two perspectives in moral philosophy, consequentialism and deontology, are then applied in order to assess whether these harms are permissible. It is argued that from either perspective it is hard to defend the claim that allowing for these harms are morally permissible. Consequently, imprisonment should be used only as a last resort. Where it is deemed necessary, it gives rise to special moral obligations. Using the notion of residual obligation, these obligations are then categorized and clarified. Paper 3 focuses on an argument that has figured in the philosophical debate on felon disenfranchisement. This argument states that as a matter of democratic self-determination, a legitimate democratic collective has the collective right to decide whether to disenfranchise felons as a way of defining their political identity. Yet, such a collective’s right to self-determination is limited, since the choice to disenfranchise anyone must be connected to normative considerations of political significance. This paper defends this argument against three charges that has been raised to it. In doing so it also explores under what circumstances felon disenfranchisement can be permissible. Paper 4 explores the question of whether prison inmates suffering from ADHD should be administered psychopharmacological intervention for their condition. The theoretical starting point for the discussion is the communicative theory of punishment, which understands criminal punishment as a form of secular penance. Viewed through the lens of the communicative theory it is argued that the provision of pharmacological treatment to offenders with ADHD need not necessarily be conceived of as an alternative to punishment, but as an aid to achieving the penological ends of secular penance. Thus, in this view offenders diagnosed with ADHD should have the option to undergo pharmacological treatment. (shrink)

Philosophers have rightly condemned lookism—that is, discrimination in favor of attractive people or against unattractive people—in education, the justice system, the workplace and elsewhere. Surprisingly, however, the almost universal preference for attractive romantic and sexual partners has rarely received serious ethical scrutiny. On its face, it’s unclear whether this is a form of discrimination we should reject or tolerate. I consider arguments for both views. On the one hand, a strong case can be made that preferring attractive partners is bad. (...) The idea is that choosing partners based on looks seems essentially similar to other objectionable forms of discrimination. (In particular, the preference for attractive partners is arguably both unfair and harmful to a significant degree.) One can try to resist this conclusion in several ways. I consider three possible replies. The first has to do with the possibility of controlling our partner preferences. The second pertains to attractiveness and “good genes”. The last attempts to link certain aspects of attractiveness to a prospective partner’s personality and values. I argue that the first two replies fail conclusively, while the third only amounts to a limited defense of a particular kind of attractiveness preference. So the idea that we should often avoid preferring attractive partners is compelling. (shrink)

Ashworth argues that wilderness preservation is a form of separation from the land and, as such, is as harmful to nature as logging or mining. Treating nature as something "other" - whether to preserve it or destroy it - creates a false dichotomy, from which all modern environmental battles arise: use versus preservation, civilization versus wilderness.

Making use of Kafka's The Trial, this book explores the theory behind modern legal discourse. In order to investigate the subject the author explores a range of questions: how and why does the legal discourse of a modern state conceal the experienced meanings of a non-knower; if one has been harmed, does the legal discourse recognize the harm; does the harm sometimes slip through the juridical categorizations; if recognized, is the harm re-presented through a vocabulary, grammar and gestural style which (...) are familiar to the expert knowers but not to the person harmed? (shrink)

This chapter contains sections titled: Practical Ethics Practical Ethics and Hold Manufacturing Reason 1: Rock Modification is Acceptable Only for Safety Reasons Reason 2: Hold Manufacturing Violates Important Environmental Commitments Reason 3: Hold Manufacturing Harms Future Generations of Good Climbers Reason 4: This is a Slippery Slope; Any Acceptance of Manufacturing Will Lead to Abuses Conclusion.

If we are kind people, we care about others, including others who tend to hurt themselves. We all have friends or family members who have potential but squander or even ruin their lives from things like drug abuse, unwise spending decisions, or poor dietary habits. Concern for others often motivates us to endorse laws or private interventions meant to keep a person from harming herself even if that's what she wants to do in the moment. However, it is far from (...) clear that such paternalistic measures are, on net, benign, and they tend to violate an understanding that we should let adults make their own decisions. In this little book, William Glod argues that it's OK to allow people to make bad choices. It's OK even if those choices risk causing a lot of harm. Most defenders of paternalism agree that some bad choices are not harmful enough to require laws to stop them. However, Glod goes further. He argues that some people might want--and deserve--the freedom to make truly bad choices because such freedom is the only way they can act responsibly. He also argues that some "bad" choices may not even be bad, even if we can't know with confidence a person's true desires.In addition, the book explores choices that are bad because they might impose high monetary costs on others, arguing that mandatory insurance may be a better solution than eliminating the choice. Finally, it explores the potential pitfalls of paternalistic laws and policies - and how unintended, costly consequences can sabotage the most well-intended plans. Key Features Introduces key concepts for understanding paternalism and freedom of choice for undergraduates and general readers Discusses how many of our preferences are not easily understood by others, and shows how assumptions of what our true preferences can often backfire Explores ways in which people may want the freedom to make mistakes Examines the unintended consequences and associated problems of many paternalistic laws and regulations. (shrink)

The tremendous influence Stoicism has exerted on ethical thought from early Christianity through Immanuel Kant and into the twentieth century is rarely understood and even more rarely appreciated. Throughout history, Stoic ethical doctrines have both provoked harsh criticisms and inspired enthusiastic defenders. The Stoics defined the goal in life as living in agreement with nature. Humans, unlike all other animals, are constituted by nature to develop reason as adults, which transforms their understanding of themselves and their own true good. The (...) Stoics held that virtue is the only real good and so is both necessary and, contrary to Aristotle, sufficient for happiness; it in no way depends on luck. The virtuous life is free of all passions, which are intrinsically disturbing and harmful to the soul, but includes appropriate emotive responses conditioned by rational understanding and the fulfillment of all one's personal, social, professional, and civic responsibilities. The Stoics believed that the person who has achieved perfect consistency in the operation of his rational faculties, the "wise man," is extremely rare, yet serves as a prescriptive ideal for all. The Stoics believed that progress toward this noble goal is both possible and vitally urgent. (shrink)

When the costs of acquiring knowledge outweigh the benefits of possessing it, ignorance is rational. In this paper I clarify and explore a related but more neglected phenomenon: cases in which ignorance is motivated by the anticipated costs of possessing knowledge, not acquiring it. The paper has four aims. First, I describe the psychological and social factors underlying this phenomenon of motivated ignorance. Second, I describe those conditions in which it is instrumentally rational. Third, I draw on evidence from the (...) social sciences to argue that this phenomenon of rational motivated ignorance plays an important but often unappreciated role in one of the most socially harmful forms of ignorance today: voter ignorance of societal risks such as climate change. Finally, I consider how to address the high social costs associated with rational motivated ignorance. (shrink)

: Although many women experience harmful behaviors that fit the legal definition of sexual harassment, very few ever label their experiences as such. I explore how psychological ambivalence expressed as sadomasochism may account for some of this gap. Following Lynn Chancer, I argue that certain structural circumstances characteristic of highly stratified bureaucratic organizations may promote these psychological responses. After discussing two illustrations of this dynamic, I draw out the implications for sexual harassment theory and policy.

Although many women experience harmful behaviors that fit the legal definition of sexual harassment, very few ever label their experiences as such. I explore how psychological ambivalence expressed as sadomasochism may account for some of this gap. Following Lynn Chancer, I argue that certain structural circumstances characteristic of highly stratified bureaucratic organizations may promote these psychological responses. After discussing two illustrations of this dynamic, I draw out the implications for sexual harassment theory and policy.

Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...) the heart of culpability. For instance, planning to kill someone is strong evidence of what the law calls mens rea—a guilty mind. Claims about norms, or ethical “should” claims, express two-level propositions, directed at the behaving person at one level, and at that person’s mind and cognitive control network at another level. Thus, “People should stop themselves from hurting others,” is a claim about how people should behave and also a claim about how their cognitive control networks should behave—i.e., they should inhibit harmful behavior, or the intentions leading up to it. Planning is both an ability of the full person, and of that person’s mind. Neuroscience affirms the common notion, seen both in law and folk psychology, that what makes us guilty or culpable are certain events and states that exist in our minds. Overt behavior, including speech, is fallible evidence of these states and processes. Cases of negligence still involve the executive processes, but “negatively,” in that negligence results when certain types of executive activity fail to take place. (shrink)

This paper argues that independent auditors have lost sight of their obligation to be truly impartial, and have increasingly adopted an attitude of client advocacy. We argue that auditors have a professional obligation to go beyond merely passing judgment on whether client accounting methods are acceptable under GAAP, and to judge whether the principles adopted are the most appropriate under the circumstances. We then review recent evidence which suggests that auditors have abandoned this objective in favor of advocating client-preferred principles. (...) The results of a survey of public accountants employed by small CPA firms indicates that, in a scenario in which an auditor did not feel that the client's accounting treatment was the most appropriate under the circumstances but it was recognized as an acceptable alternative under GAAP, advocacy of the client-preferred approach is considered appropriate and is very likely to occur in practice. In less subtle cases (e.g., when the auditor did not feel that the client's treatment provided the best reflection of the economic substance of the underlying transactions), survey participants as a group were ambivalent regarding the appropriateness of client advocacy, and felt that subordination of judgment was likely to occur in practice. The results also indicate that engagement risk, or the risk that the firm will be harmed by aggressive behavior, affects judgments of both the appropriateness and likelihood of subordination of judgment. These findings suggest that auditors have adopted an ideology of client advocacy, within the constraints of engagement risk. (shrink)