Accounts of the value of patient choice in contemporary medical ethics typically focus on the act of choosing. Being the one to choose, it is argued, can be valuable either because it enables one to bring about desired outcomes, or because it is a way of enacting one’s autonomy. This paper argues that all such accounts miss something important. In some circumstances, it is having the opportunity to choose, not the act of choosing, that is valuable. That is because in (...) many situations whether one has, or is denied, that opportunity conveys how one is seen. In particular, it conveys whether or not one is seen as an equal and competent member of society. Adequately recognising this fact has implications for what healthcare professionals should do, ones that require a move away from the current focus on autonomy. The paper draws out these implications by focusing on patients who may struggle to be recognised as competent and equal members of society, and whose autonomy may thus itself sometimes be in question. (shrink)

Technological developments in the sphere of artificial intelligence (AI) inspire debates about the implications of autonomous weapon systems (AWS), which can select and engage targets without human intervention. While increasingly more systems which could qualify as AWS, such as loitering munitions, are reportedly used in armed conflicts, the global discussion about a system of governance and international legal norms on AWS at the United Nations Convention on Certain Conventional Weapons (UN CCW) has stalled. In this article we argue for the (...) necessity to adopt legal norms on the use and development of AWS. Without a framework for global regulation, state practices in using weapon systems with AI-based and autonomous features will continue to shape the norms of warfare and affect the level and quality of human control in the use of force. By examining the practices of China, Russia, and the United States in their pursuit of AWS-related technologies and participation at the UN CCW debate, we acknowledge that their differing approaches make it challenging for states parties to reach an agreement on regulation, especially in a forum based on consensus. Nevertheless, we argue that global governance on AWS is not impossible. It will depend on the extent to which an actor or group of actors would be ready to take the lead on an alternative process outside of the CCW, inspired by the direction of travel given by previous arms control and weapons ban initiatives. (shrink)

How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.

There is widespread agreement that it would be both morally and legally wrong to treat a competent patient, or to carry out research with a competent participant, without the voluntary consent of that patient or research participant. Furthermore, in medical ethics it is generally taken that that consent must be informed. The most widely given reason for this has been that informed consent is needed to respect the patient’s or research participant’s autonomy. In this article I set out to challenge (...) this claim by considering in detail each of the three most prominent ways in which ‘autonomy’ has been conceptualized in the medical ethics literature. I will argue that whilst these accounts support the claim that consent is needed if the treatment of competent patients, or research on competent individuals, is to respect their autonomy, they do not support the claim that informed consent is needed for this purpose. (shrink)

It is generally held that doctors and researchers have an obligation to obtain informed consent. Over time there has been a move in relation to this obligation from a requirement to disclose information to a requirement to ensure that that information is understood. Whilst this change has been resisted, in this article I argue that both sides on this matter are mistaken. When investigating what information is needed for consent to be informed we might be trying to determine what information (...) a person would need in order to consent at all, or we might be trying to determine what information a person needs in order to make an informed choice about whether or not to consent. I argue that the obligation to ensure understanding only applies to information generated by the first type of enquiry; but that much of the information generally thought necessary in order for consent to be informed is only required if our concern is with the second type of enquiry. For this reason it is neither the case that doctors and researchers should ensure all the information they provide is understood, nor is it the case that their only obligation is to disclose it. (shrink)

This article develops an unconventional perspective on the utilitarianism of Bentham and Mill in at least four areas. First, it is shown that both authors conceived of utility as irreducibly multi-dimensional, and that Bentham in particular was very much aware of the ambiguity that multi-dimensionality imposes upon optimal choice under the greatest happiness principle. Secondly, I argue that any attribution of intrinsic worth to any form of human behaviour violates the first principles of Bentham's and Mill's utilitarianism, and that this (...) renders both authors immune to the claim by G. E. Moore that they committed a ‘naturalistic fallacy’. Thirdly, in light of these contentions, I find no flaw in Mill's ‘proof of utility’. Fourthly, I use the notion of intrapersonal utility weights to provide an interpretation of Mill's qualitative hedonism that is entirely consistent with his value monism. (shrink)

In a health service with limited resources we must make decisions about who to treat first. In this paper I develop a version of the restoration argument according to which those whose need for resources is a consequence of their voluntary choices should receive lower priority when it comes to health care. I then consider three possible problems for this argument based on those that have been raised against other theories of this type: that we don't know in a particular (...) case that the illness is self-inflicted, that it seems that all illness is self-inflicted in the sense used in my argument, and finally that this type of approach incorporates an unacceptable moralising element if it is to avoid giving those like fire-fighters a lower priority for treatment. I argue that the position outlined here has the resources to respond to each of these objections. (shrink)

The frequency of death from miscarriage is very high, greater than the number of deaths from induced abortion or major diseases.Berg (2017, Philosophical Studies 174:1217–26) argues that, given this, those who contend that personhood begins at conception (PAC) are obliged to reorient their resources accordingly—towards stopping miscarriage, in preference to stopping abortion or diseases. This argument depends on there being a basic moral similarity between these deaths. I argue that, for those that hold to PAC, there are good reasons to (...) think that there is no such similarity. There is a morally relevant difference between preventing killing and letting die, giving PAC supporters reasons to prioritize reducing abortion over reducing miscarriage. And the time-relative interest account provides a morally relevant difference in the badness of death of miscarriages and deaths of born adults, justifying attempts to combat major diseases over attempts to combat miscarriage. I consider recent developments in the literature and contend that these new arguments are unsuccessful in establishing moral similarities between deaths from miscarriage and abortion, and deaths from miscarriage and disease. (shrink)

Nearly everyone prefers pain to be in the past rather than the future. This seems like a rationally permissible preference. But I argue that appearances are misleading, and that future-biased preferences are in fact irrational. My argument appeals to trade-offs between hedonic experiences and other goods. I argue that we are rationally required to adopt an exchange rate between a hedonic experience and another type of good that stays fixed, regardless of whether the hedonic experience is in the past or (...) future. (shrink)

First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

The scope of someone's consent is the range of actions that they permit by giving consent. The Scope of Consent investigates the under-explored question of which normative principle governs the scope of consent. To answer this question, the book's investigation involves taking a stance on what constitutes consent. By appealing to the idea that someone can justify their behaviour by appealing to another person's consent, Dougherty defends the view that consent consists in behaviour that expresses a consent-giver's will for how (...) a consent-receiver behaves. The ultimate conclusion of the book is that the scope of consent is determined by certain evidence that bears on the appropriate interpretation of the consent. (shrink)

First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

You are morally permitted to save your friend at the expense of a few strangers, but not at the expense of very many. However, there seems no number of strangers that marks a precise upper bound here. Consequently, there are borderline cases of groups at the expense of which you are permitted to save your friend. This essay discusses the question of what explains ethical vagueness like this, arguing that there are interesting metaethical consequences of various explanations.

In an influential paper, L. A. Paul argues that one cannot rationally decide whether to have children. In particular, she argues that such a decision is intractable for standard decision theory. Paul's central argument in this paper rests on the claim that becoming a parent is ``epistemically transformative''---prior to becoming a parent, it is impossible to know what being a parent is like. Paul argues that because parenting is epistemically transformative, one cannot estimate the values of the various outcomes of (...) a decision whether to become a parent. In response, we argue that it is possible to estimate the value of epistemically transformative experiences. Therefore, there is no special difficulty involved in deciding whether to undergo epistemically transformative experiences. Insofar as major life decisions do pose a challenge to decision theory, we suggest that this is because they often involve separate, familiar problems. (shrink)

The anglophone philosophy profession has a well-known problem with gender equity. A sig-nificant aspect of the problem is the fact that there are simply so many more male philoso-phers than female philosophers among students and faculty alike. The problem is at its stark-est at the faculty level, where only 22% - 24% of philosophers are female in the United States (Van Camp 2014), the United Kingdom (Beebee & Saul 2011) and Australia (Goddard 2008).<1> While this is a result of the (...) percentage of women declining at each point through-out the standard career trajectory, recent large-scale studies in the United States (Paxton et al. 2012) and Australia (Goddard et al. 2008) have identified a key drop-off point as the transi-tion between taking introductory classes and majoring in philosophy. So why do dispropor-tionately few female students choose to major in philosophy? (shrink)

Ulysses contracts are a method by which one person binds himself by agreeing to be bound by others. In medicine such contracts have primarily been discussed as ways of treating people with episodic mental illnesses, where the features of the illness are such that they now judge that they will refuse treatment at the time it is needed. Enforcing Ulysses contracts in these circumstances would require medical professionals to override the express refusal of the patient at the time treatment is (...) required, something that is generally problematic both ethically and legally. In this paper I will argue that despite appearances Ulysses contracts can make it the case that treating a patient in such circumstances is an instance of treating him with his consent, although safeguards are needed to ensure that this is the case. Given the potential benefits to patients I further argue that modified Ulysses contracts should be made legally enforceable. (shrink)

Most of us are “time-biased” in preferring pains to be past rather than future and pleasures to be future rather than past. However, it turns out that if you are risk averse and time-biased, then you can be turned into a “pain pump”—in order to insure yourself against misfortune, you will take a series of pills which leaves you with more pain and better off in no respect. Since this vulnerability seems rationally impermissible, while time-bias and risk aversion seem rationally (...) permissible, we are left with a puzzle. (shrink)

Why is there female under-representation among philosophy majors? We survey the hypotheses that have been proposed so far, grouping similar hypotheses together. We then propose a chronological taxonomy that distinguishes hypotheses according to the stage in undergraduates’ careers at which the hypotheses predict an increase in female under-representation. We then survey the empirical evidence for and against various hypotheses. We end by suggesting future avenues for research.

The author proposes a dimensional model of our emotion concepts that is intended to be largely independent of one’s theory of emotions and applicable to the different ways in which emotions are measured. He outlines some conditions for selecting the dimensions based on these motivations and general conceptual grounds. Given these conditions he then advances an 8-dimensional model that is shown to effectively differentiate emotion labels both within and across cultures, as well as more obscure expressive language. The 8 dimensions (...) are: (1) attracted—repulsed, (2) powerful—weak, (3) free—constrained, (4) certain—uncertain, (5) generalized—focused, (6) future directed—past directed, (7) enduring—sudden, (8) socially connected—disconnected. (shrink)

We argue that abduction does not work in isolation from other inference mechanisms and illustrate this through an inference scheme designed to evaluate multiple hypotheses. We use game theory to relate the abductive system to actions that produce new information. To enable evaluation of the implications of this approach we have implemented the procedures used to calculate the impact of new information in a computer model. Experiments with this model display a number of features of collective belief-revision leading to consensus-formation, (...) such as the influence of bias and prejudice. The scheme of inferential calculations invokes a Peircian concept of ‘belief’ as the propensity to choose a particular course of action. (shrink)

To develop a theoretical framework for drawing moral distinctions between instances of sexual misconduct, I defend the “Ameliorative View” of consent, according to which there are three possibilities for what effect, if any, consent has: “fully valid consent” eliminates a wronging, “fully invalid consent” has no normative effect, and “partially valid consent” has an ameliorative effect on a wronging in the respect that it makes the wronging less grave. I motivate the view by proposing a solution to the problem of (...) characterizing the moral effect of consent that is given in response to minor coercion. (shrink)

According to the “Textbook View,” there is an extensional dispute between consequentialists and deontologists, in virtue of the fact that only the latter defend “agent-relative” principles—principles that require an agent to have a special concern with making sure that she does not perform certain types of action. I argue that, contra the Textbook View, there are agent-neutral versions of deontology. I also argue that there need be no extensional disagreement between the deontologist and consequentialist, as characterized by the Textbook View.

In this essay, I discuss why consent is invalidated by duress that involves attaching penalties to someone's refusal to give consent. At the heart of my explanation is the Complaint Principle. This principle specifies that consent is defeasibly invalid when the consent results from someone conditionally imposing a penalty on the consent‐giver's refusal to give the consent, such that the consent‐giver has a legitimate complaint against this imposition focused on how it is affects their incentives for consenting. The Complaint Principle (...) says that this consent is defeasibly invalid to make room for the Authorization Principle, which allows sincere authorizations to constitute valid consent, even when these are issued by an agent acting under duress. The Authorization Principle has application only in cases of third‐party duress because when the consent‐receiver is the source of the duress, the consent‐giver is not sincerely authorizing the action. (shrink)

In the middle of the last century, it was common to explain the notion of necessity in linguistic terms. A necessary truth, it was said, is a sentence whose truth is guaranteed by linguistic rules. Quine famously argued that, on this view, de re modal claims do not make sense. “Porcupettes are porcupines” is necessarily true, but it would be a mistake to say of a particular porcupette that it is necessarily a porcupine, or that it is possibly purple. Linguistic (...) theories of necessity fell out of favour with the publication of Kripke’s Naming and Necessity, and Quine’s arguments were put aside. In her recent book, Norms and Necessity, Amie Thomasson presents her modal normativism, which is an updated version of the mid-century theories just described. Quine’s arguments are thus relevant once again. We recapitulate Quine’s central argument, in the context of modal normativism. We then criticise Amie Thomasson’s discussion of de re modality. We finish by briefly presenting an alternative account of de re modal statements, which is compatible with modal normativism. (shrink)

What conditions on a person’s knowledge must be satisfied in order for them to be morally responsible for something they have done? The first two decades of the twenty-first century saw a surge of interest in this question. Must an agent, for example, be aware that their conduct is all-things-considered … Continue reading Epistemic Conditions of Moral Responsibility →.

There is a small but growing community of researchers spanning a spectrum of disciplines which are united in rejecting the still dominant computationalist paradigm in favor of the enactive approach. The framework of this approach is centered on a core set of ideas, such as autonomy, sense-making, emergence, embodiment, and experience. These concepts are finding novel applications in a diverse range of areas. One hot topic has been the establishment of an enactive approach to social interaction. The main purpose of (...) this paper is to serve as an advanced entry point into these recent developments. It accomplishes this task in a twofold manner: it provides a succinct synthesis of the most important core ideas and arguments in the theoretical framework of the enactive approach, and it uses this synthesis to refine the current enactive approach to social interaction. A new operational definition of social interaction is proposed which not only emphasizes the cognitive agency of the individuals and the irreducibility of the interaction process itself, but also the need for jointly co-regulated action. It is suggested that this revised conception of ‘socio-cognitive interaction’ may provide the necessary middle ground from which to understand the confluence of biological and cultural values in personal action. (shrink)

There is a small but growing community of researchers spanning a spectrum of disciplines which are united in rejecting the still dominant computationalist paradigm in favor of theenactive approach. The framework of this approach is centered on a core set of ideas, such as autonomy, sense-making, emergence, embodiment, and experience. These concepts are finding novel applications in a diverse range of areas. One hot topic has been the establishment of an enactive approach to social interaction. The main purpose of this (...) paper is to serve as an advanced entry point into these recent developments. It accomplishes this task in a twofold manner: it provides a succinct synthesis of the most important core ideas and arguments in the theoretical framework of the enactive approach, and it uses this synthesis to refine the current enactive approach to social interaction. A new operational definition of social interaction is proposed which not only emphasizes the cognitive agency of the individuals and the irreducibility of the interaction process itself, but also the need for jointly co-regulated action. It is suggested that this revised conception of ‘socio-cognitive interaction’ may provide the necessary middle ground from which to understand the confluence of biological and cultural values in personal action. (shrink)

'By identifying the extent to which Aristotle's thinking about ethics was shaped by notions drawn from the crafts Angier has thrown new light on a surprising number of topics and has deepened our understanding of tensions within Aristotle's thought. It is by now a rare achievement to have said something new, true and important about Aristotle.' -- Alasdair MacIntyre, Emeritus Professor of Philosophy, University of Notre Dame, USA.

Are democratic ideals better served by elections or sortition? Is the ideal national legislature one that is elected, chosen by lot, or some combination thereof? To answer these questions properly, it is necessary to perform a careful, balanced, and systematic comparison of the strengths and weaknesses of each. To do so, this article uses foundational democratic values—political equality, popular control, deliberative nature, and competency—as measuring sticks. On the basis of these values a purely elected legislature is compared with a purely (...) sortition one, on the assumption that each has the full decision-making powers normally possessed by national legislatures. This big picture will provide a clearer view of the strengths and weaknesses of the respective systems and their trade-offs, as well as the open questions that remain. (shrink)

I argue for the possibility of an extremely intimate connection between the emotional content of the music and the emotional state of the person who produces that music. Under certain specified conditions, the music may not just influence, but also partially constitute the musician’s emotional state.

Pretense imagination is imagination understood as the ability to recreate rational belief revision. This kind of imagination is used in pretend-play, risk-assessment, etc. Some even claim that this kind of hypothetical belief revision can be grounds to justify new beliefs in conditionals, in particular conditionals that play a foundational role in the epistemology of modality. In this paper, I will argue that it cannot. I will first provide a very general theory of pretense imagination, which I formalise using tools from (...) dynamic epistemic logic. As a result, we can clearly see that pretense imagination episodes are build up out of two kinds of imaginative stages, so I will present an argument by cases. This argument shows that pretense imagination might indeed provide us with justification for believing certain conditionals. Despite this, I will argue that these arenotthe kind of conditionals that allow pretense imagination to play a foundational role in the epistemology of modality. (shrink)

It is plausible to think that it is wrong to cure many people’s headaches rather than save someone else’s life. On the other hand, it is plausible to think that it is not wrong to expose someone to a tiny risk of death when curing this person’s headache. I will argue that these claims are inconsistent. For if we keep taking this tiny risk then it is likely that one person dies, while many others’ headaches are cured. In light of (...) this inconsistency, there is a conflict in our intuitions about beneficence and chance. This conflict is perplexing. And I have not been able to find a satisfactory way of resolving it. Perhaps you can do better? (shrink)

Deflationists believe that the question “What is truth?” should be answered not by means of a metaphysical inquiry into the nature of truth, but by figuring out what use we make of the concept of truth, and the word ‘true’, in practice. This article accepts this methodology, and it thereby rejects pluralism about truth that is driven by ontological considerations. However, it shows that there are practical considerations for a pluralism about truth, formulated at the level of use. The theory (...) expounded by this article states that truth is a dual-purpose tool; it can be used as a device for transferring justificatory burdens and, for select areas of discourse, it can also be used as a standard, a norm. This contrast in how truth is used introduces a bifurcation in our discourse that is reminiscent of metaphysical divides traced by more traditional versions of alethic pluralism. However, my pluralism “at the level of use” states that truth is plural solely at the level of use. It is unified at both the conceptual as well as the metaphysical level. At those levels, the theory takes its cue from deflationism. As such, this theory is offered as a midway point and as a potential way forward in the debate between deflationism and pluralism. (shrink)

In Wrongs and Crimes, Victor Tadros clarifies the debate about whether consent needs to be communicated by separating the question of whether consent requires expressive behaviour from the question of whether it requires “uptake” in the form of comprehension by the consent-receiver. Once this distinction is drawn, Tadros argues both that consent does not require uptake and that consent does not require expressive behaviour that provides evidence to the consent-receiver. As a result, Tadros takes the view that consent requires an (...) attempt to communicate, but nothing more. While I have found Tadros’s arguments for this conclusion intriguing and challenging, I am yet to be persuaded by them. In this essay, I try to say why. (shrink)

Many theories and models of machine consciousness emphasize the role of embodiment. However, there are different interpretations of exactly what kind of embodiment would be required for an artifact to be at least potentially conscious. This paper contrasts the sensorimotor approach, which holds that consciousness emerges from the mastery of sensorimotor knowledge resulting from the interaction between agent and environment, with the view that the living body's homeostatic regulation is crucial to self and consciousness.

Pragmatism and the correspondence theory of truth are longtime foes. Nevertheless, there is an argument to be made that pragmatists must embrace truth as correspondence. I show that there is a distinctive pragmatic utility to taking truth to be correspondence, and I argue that it would be inconsistent for pragmatists to accept the utility of the belief that truth is correspondence while resisting the premise that this belief is correct. -/- In order to show how pragmatists can embrace truth as (...) correspondence, I develop a kind of alethic pluralism, which treats pragmatist truth as theoretically fundamental to truth as correspondence. This theoretical fundamentality of pragmatist truth allows the pragmatist to conditionally accept truth as correspondence for certain discourses without falling prey to the typical pragmatist objections to correspondence. This pluralist account of truth thus allows pragmatists to concede that, for certain domains of discourse, truth is correspondence, without thereby betraying their pragmatist principles. (shrink)

I consider the claim that analytic statements are "true in virtue meaning", giving the claim a ground-theoretic interpretation.

The key role that animals play in our aesthetic appreciation of the natural world has only gradually been highlighted in discussions in environmental aesthetics. In this article I make use of the phenomenological notion of 'perceptual sense' as developed by Merleau-Ponty to argue that open-ended expressive-responsive movement is the primary aesthetic ground for our appreciation of animals. It is through their movement that the array of qualities we admire in animals are manifest qua animal qualities. Against functionalist and formalist accounts, (...) I defend and develop an account of expressive-responsive movement as the primary perceptual sense of animals. I go on to suggest that the primacy of movement in the aesthetic appreciation of animals is also the primary sense of animal 'wildness', and that a key part of the rewilding paradigm should be the development of such appreciation. (shrink)

Inquiries into organisational scandals repeatedly attribute wrongdoing to the normalisation of deviance. From this perspective, the cause of harm lies not in the actions of any individual but rather in the institutionalised practices of organisations or sectors. Although an important corrective to dramatic tales of bad apples, the normalisation thesis underplays the role of management in the emergence of deviance. Drawing on literatures exploring ideas of amoral (Carroll in Bus Horiz 30(2):7–15, 1987) or ethically neutral leadership (Treviño et al. in (...) Calif Manag Rev 42(4):128–142, 2000) we seek to bring management back into the explanation of organisational wrongdoing. Amoral theorists point to management’s ethical silence, but they also describe the way in which that silence is sustained by a series of organisational characteristics. We build on this work in arguing that it is management’s deliberate focus on bottom line performance, the diffusion of responsibility and high levels of organisational identification that explain the emergence of wrongdoing. We apply these ideas to the case of the UK’s Stafford hospital which hit the headlines in 2009 when it was reported that poor standards of care had led to a mortality rate markedly above that expected for a hospital of its type. We conclude with a discussion of the circumstances which translate amoral management into unethical outcomes. (shrink)