This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between (...) risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing might play out in applied cases. With contributions from leading scholars, this volume brings together new work examining the interplay between risk and responsibility, exploring its varied philosophical aspects and applications to contemporary issues in law, bioethics, technology, and environmental ethics. Risk and Responsibility in Context will be of interest to philosophers working in ethics, bioethics, philosophy of law, and philosophy of technology, as well as scholars and practitioners in law, health and science management, public policy, and environmental studies. (shrink)

This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...) or the idea that natural rights approaches to property fail because so much of actually-existing property is founded in conquest. In the conclusion, I highlight two areas where libertarian writing on historic injustice is relatively quiet compared with broader writing on these topics: reparations of a less material sort and transitional injustice. Throughout this chapter, I typically refer to American slavery and land theft, but the discussion is meant to apply much further than those two cases. (shrink)

Contemporary philosophical debates surrounding toleration have revolved around three issues: What is toleration? Should we tolerate and, if so, why? What should be tolerated? These questions are of central importance to social and political thought.

I address the questions of whether or not the very existence of heaven provides a motivation for killing. If universalism is true, then anyone killed will end up there, as will the killer. And given that heaven is infinitely better than earth, killing would be, on this view, the greatest gift possible to the “victim.” But if universalism is not true, there is perhaps an even greater incentive to kill one’s loved ones if one knows them to be currently heaven-bound: (...) that is, to save them from the risk of an infinitely terrible fate, that of somehow damning themselves between now and their natural death. This is an issue that we have all surely wondered about: if we’re going to heaven, what’s so bad about death that it must be condemned? But I think there is also a less-discussed problem raised by the very existence of heaven: that the existence of earth is thereby made redundant. What is earth but an annoying antechamber for heaven, one that we all wish we could bypass? I consider various attempts both to forestall the motivation for altruistic killing and to provide a justification for earth as more than a poor version of purgatory, and fail to find any that are truly compelling. I conclude that the existence of earth is therefore itself an argument against the existence of heaven. (shrink)

ABSTRACT This article examines the prominent Japanese postwar thinker Maruyama Masao’s critical engagement with his contemporary German legal theorist Carl Schmitt. Maruyama engaged with Schmitt’s decisionistic notion of “the political” and sovereignty since he found it useful in addressing the pathological elements of Japanese political culture, namely, the widespread political passivity and fatalistic ethos of the Japanese public. In his view, such a “decision-avoiding” political culture, which had contributed to the rise of fascism in interwar and wartime Japan, posed a (...) fundamental threat to the viability of Japan’s postwar democracy. Although Maruyama objected to Schmitt’s authoritarian theory of political leadership, he nevertheless believed Schmitt provided important insights into the key concepts of modern politics, such as political agency and the constituent power of the people. In his efforts to foster political subjectivity and liberal individuality in postwar Japan, Maruyama attempted to strike a balance between two extremes: Schmittian normless decisionism, on the one hand, and a politically naïve liberal constitutionalism, on the other. I conclude by suggesting that the hitherto overlooked intellectual affinity between Maruyama and one of the leading Weimar-era constitutional theorists—Hermann Heller—can enrich our understanding of Maruyama’s unceasing effort to formulate and insist on the imperative role of political subjectivity and liberal individuality in consolidating liberal democracy in postwar Japan. (shrink)

ABSTRACT This article examines the prominent Japanese postwar thinker Maruyama Masao’s critical engagement with his contemporary German legal theorist Carl Schmitt. Maruyama engaged with Schmitt’s decisionistic notion of “the political” and sovereignty since he found it useful in addressing the pathological elements of Japanese political culture, namely, the widespread political passivity and fatalistic ethos of the Japanese public. In his view, such a “decision-avoiding” political culture, which had contributed to the rise of fascism in interwar and wartime Japan, posed a (...) fundamental threat to the viability of Japan’s postwar democracy. Although Maruyama objected to Schmitt’s authoritarian theory of political leadership, he nevertheless believed Schmitt provided important insights into the key concepts of modern politics, such as political agency and the constituent power of the people. In his efforts to foster political subjectivity and liberal individuality in postwar Japan, Maruyama attempted to strike a balance between two extremes: Schmittian normless decisionism, on the one hand, and a politically naïve liberal constitutionalism, on the other. I conclude by suggesting that the hitherto overlooked intellectual affinity between Maruyama and one of the leading Weimar-era constitutional theorists—Hermann Heller—can enrich our understanding of Maruyama’s unceasing effort to formulate and insist on the imperative role of political subjectivity and liberal individuality in consolidating liberal democracy in postwar Japan. (shrink)

Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...) education of their children. This book outlines a political liberal account of education which provides a useful contribution to the current debates about liberalism and education in a way unprecedented in the literature on political liberalism so far. It is of interest to anyone working at the intersection of political philosophy and philosophy of education as well as for scholars with a broader interest in how liberalism can respond to the challenges of value pluralism. (shrink)

Which epistemic value is the standard according to which we ought to compare, assess and design institutional arrangements in terms of their epistemic properties? Two main options are agent development and attainment of truth. The options are presented through two authoritative contemporary accounts-agent development by Robert Talisse’s understanding in Democracy and Moral Conflict and attainment of truth by David Estlund’s treatment, most prominently in Democratic Authority: A Philosophical Framework. Both options are shown to be unsatisfactory because they are subject to (...) problematic risk of suboptimal epistemic state lock-in. The ability of the social epistemic system to revise suboptimal epistemic states is argued to be the best option for a comparative standard in institutional epistemology. (shrink)

According to theories of wrongful life (WL), the imposition upon a child of an existence of poor quality can constitute an act of harming, and a violation of the child’s rights. The idea that there can be WLs may seem intuitively compelling. But, as this paper argues, liberals who commit themselves to WL theories may have to compromise some of their other beliefs. For they will thereby become committed to the claim that some women are under a stringent moral duty (...) to have an abortion: a duty that could, without injustice, at least sometimes be enforced by the state. WL theories in other words imply that some women will lack a right to choose, under which both the decision to abort, and the decision to carry the fetus to term, are protected against interference. The paper exposes a dilemma, then, for liberals who are committed both to (a) the rights of future people not to be subjected to a harmful existence, and (b) the rights of women to refuse an abortion. (shrink)

What role should legislation or policy play in avoiding the complications of in-vitro fertilization? In this article, we focus on single versus double embryo transfer, and assess three arguments in favour of mandatory single embryo transfer: risks to the mother, risks to resultant children, and costs to society. We highlight significant ethical concerns about each of these. Reproductive autonomy and non-paternalism are strong enough to outweigh the health concerns for the woman. Complications due to non-identity cast doubt on the extent (...) to which children are harmed. Twinning may offer an overall benefit rather than burden to society. Finally, including the future health costs for children in reproductive policy is inconsistent with other decisions. We conclude that mandatory single embryo transfer is not justified and that a number of countries should reconsider their current embryo transfer policy. (shrink)

A growing body of literature in feminist philosophy exposes the way in which occupying a particular group identity inhibits an affected agent’s ability to engage in communicative exchange effectively. These accounts reveal a fault in standard liberal defences of free speech, showing how, if free speech is a goal worth pursuing, then it must involve both a concern about the legitimate limits of state interference and of the effect of social norms on an agent’s communicative capacities. Building on the emergence (...) of a ‘critical’ branch of neo-republicanism, this article argues that such speech-related injustices are best understood as a feature of structural domination that threatens the agency of those affected. Recalibrating our understanding of free speech along critical republican lines thus secures discursive agency in our communicative exchanges in a way that both ensures democratic legitimacy and realises equal status for all. (shrink)

Abstract ?The marketplace of ideas? is a powerful legal and political metaphor?a bulwark of an open, liberal society?that suggests a positivistic debate utilizing reason and evidence. In reality, however, the marketplace of ideas often consists of illogic and bad evidence, producing clutter and confusion. The parallel with scientific research is misinformed. Evidence from collective decision?making and small group studies cast grave doubts on the ?marketplace's? ability to maximize truth.

Drawing on Iris Marion Young’s essay, “House and Home: Feminist Variations on a Theme,” Weir argues for an alternative ideal of home that involves: (1) the risk of connection, and of sustaining relationship through conflict; (2) relational identities, constituted through both relations of power and relations of mutuality, love, and flourishing; (3) relational autonomy: freedom as the capacity to be in relationships one desires, and freedom as expansion of self in relationship; and (4) connection to past and future, through reinterpretive (...) preservation and transformative identification. (shrink)

It has become increasingly common to point out that African morality is under-represented in ethical theorizing. However, it is less common to find arguments that this under-representation is unjustified. This latter claim tends to be simply assumed. In this paper I draw together arguments for this claim. In doing so, I make the case that the relative lack of attention paid to African moral ideas conflicts with epistemic and ethical values. In order to correct these shortcomings, moral theorists, broadly construed (...) as including descriptive and normative disciplines, have a duty to engage with and actively explore African moral ideas. I claim that Moral Foundations Theory is well suited to a descriptive exploratory project, and could provide a significant contribution to normative, African-derived moral theories that could be epistemically and ethically superior to their Western counterparts. (shrink)

Addressing the slippery slope argument (SSA) in legal contexts from the perspective of pragma-dialectics, this paper elaborates the conditions under which an SSA-scheme instance is used reasonably (rather than fallaciously). We review SSA-instances in past legal decisions and analyze the basic legal SSA-scheme. By illustrating the institutional preconditions influencing the reasoning by which an SSA moves forward, we identify three sub-schemes (causal SSA, analogical SSA, and Sorites SSA). For each sub-scheme we propose critical questions, as well as four rules that (...) clarify when the SSA scheme is used reasonably. The institutional preconditions make the analogical SSA expectable in common law contexts; the Sorites SSA is expectable in civil law contexts; whereas the causal SSA is common to both contexts. This result should inform future work on the identification of typical argumentative patterns for the SSA in legal contexts. (shrink)

Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to ‘strike down’ or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge that it is fundamentally undemocratic. The focus is on the powerful critique mounted (...) by Jeremy Waldron, the foremost philosophical opponent of judicial review. (shrink)

I drive a wedge between public deliberation and public justification, concepts tightly associated in public reason liberalism. Properly understood, the ideal of public justification imposes no restraint on citizen deliberation but requires that those who have a substantial impact on the use of coercive power, political officials, advance proposals each person has sufficient reason to accept. I formulate this idea as the Principle of Convergent Restraint and apply it to legislators to illustrate the general reorientation I propose for the public (...) reason project. (shrink)

Paternalism, understood as coercive intervention with the behavior of a person in order to prevent her from causing harm to herself, is a highly controversial issue, because it implies a departure from the widely recognized principle of harm to others. Some conceptual differences between legal paternalism and other forms of state coercion that also depart from the principle of harm to others will be indicated. This is followed by an analysis of the arguments that are usually brought forth against legal (...) paternalism. And finally, the possibility of determining ethically justifiable types of legal paternalism is explored. (shrink)

Mill argues that, apart from the principle of utility, his utilitarianism is incompatible with absolutes. Yet in On Liberty he introduces an exceptionless anti-paternalism principle—his liberty principle. In this paper I address ‘the absolutism problem,’ that is, whether Mill's utilitarianism can accommodate an exceptionless principle. Mill's absolute claim is not a mere bit of rhetoric. But the four main solutions to the absolutism problem are also not supported by the relevant texts. I defend a fifth solution—the competence view—that turns on (...) his attention to decision-making structures and, in particular, on the role of expertise considerations in his account. (shrink)

The low electoral turnout of young people raises serious concerns about intergenerational justice and representative democracy. A powerful method is needed to address this low electoral turnout: if young people can be encouraged to vote in greater numbers then this may lead to a virtuous circle for which politicians take young people’s views and interests more seriously; and more young people vote as a result. I argue that a scheme of financial incentives for young voters between the ages of 18 (...) and 28; paid only once a young person has attended an hour long information session and an hour long discussion session on the election; offers such a method. Section 1 of this paper outlines the extent of the problem of low voter turnout among young people; section 2 establishes that this is a problem for democracy; and section 3 analyses the reasons why young people choose not to vote. In section 4; I consider two prospective solutions to the low electoral turnout of young people; compulsory voting and financial incentives; and argue that while compulsory voting constitutes an unacceptable violation of our liberty; offering financial incentives to vote does not; and; in the form that I propose; such a scheme offers a powerful short-term and long-term solution to the low electoral turnout of young people. Finally; section 5 summarises the key arguments of sections 1-4; and argues that if academics and politicians are genuinely concerned about improving the political representation of young people and reducing the democratic deficit then they must seriously consider my proposed scheme of financial incentives for young voters. (shrink)

This reflection is based on a conversation with Professor Carole Pateman on 4th December 2017 as we prepared for a conference at Cardiff University to celebrate the thirtieth anniversary of her seminal work, The Sexual Contract. As socio-legal scholars, The Sexual Contract has been formative in, and transformative of, our understandings of law and gender. We explore Professor Pateman’s academic journey and consider how she came to write a ground-breaking book that has made major impacts on socio-legal and feminist legal (...) studies. The paper is structured around the main themes arising in conversation with Pateman, with each section centred on her own account taken from our conversation in late 2017. (shrink)

The ‘marketplace of ideas’ is an influential metaphor with widespread currency in debates about freedom of speech. We explore a number of ways competition between ideas might be described as occurring in a marketplace and find that none support the use of the metaphor. We suggest that an alternative metaphor, that of the ‘garden of ideas’, may offer more productive insights into issues surrounding the regulation of speech.

In this reply to his three critics, Talbott develops several important themes from his book, Which Rights Should Be Universal?, in ways that go beyond the discussion in the book. Among them are the following: the prescriptive role of human rights theory; the need to guarantee an expansive list of basic rights as a basis for a government to be able to claim recognitional legitimacy; the futility of trying to define human rights in terms of what there can be reasonable (...) disagreement about; and the problems for any proceduralist account of human rights. Talbott also further elaborates his consequentialist defense of basic human rights and his arguments against cultural relativism about human rights. (shrink)

ABSTRACTIn an early modern context, ‘vitalistic’ natural philosophies had been associated with antiauthoritarian political theories. Whilst mechanical philosophy has been characterized as amenable to conservative politics on account of the structural analogies between passive and inert particles that can only be organized by externally imposed strict mechanical laws on the one hand, and similarly passive citizens, on the other, vitalism understood as a monistic, dynamic materialism purportedly implicated alternative modes of agency and organization. This alternative model incorporated inherently active, self-organizing (...) agents allegedly capable of bringing about higher structures in a bottom-up fashion both in the natural and in political realm. In this paper, I focus on James Harrington’s appropriation of William Harvey’s physiology and examine whether the republican philosopher actually made use of the political potential said to be inherent in vitalistic discourse. I intend to show that Harrington, rather than boldly capitalizing on vitalism’s decentralizing and democratic potential, adapts his physiological imagery to his wider set of ideas concerning human nature and moral psychology underpinning his politics. Simple analogy between vitalism and antiauthoritarianism is then lost in Harrington’s writings, pointing to a more complex relationship between early modern natural and political philosophy. (shrink)

The literature on conscience in medicine has paid little attention to what is meant by the word ‘conscience.’ This article distinguishes between retrospective and prospective conscience, distinguishes synderesis from conscience, and argues against intuitionist views of conscience. Conscience is defined as having two interrelated parts: (1) a commitment to morality itself; to acting and choosing morally according to the best of one’s ability, and (2) the activity of judging that an act one has done or about which one is deliberating (...) would violate that commitment. Tolerance is defined as mutual respect for conscience. A set of boundary conditions for justifiable respect for conscientious objection in medicine is proposed. (shrink)

In times of digitalization and globalization, social expectations change at an increasing pace. In order to provide orientation in times of frequent change, this article argues to reinforce the meaning of moral principles, norms, or values as focal points, which build the basis of mutually aligned behavioral expectations. Accordingly, the paper explains the abstract meaning of focal points – having reciprocal expectations as foundation for social cooperation – as well as the particular relevance of the focal point ‘do no harm’.

This paper gives a new and richer account of open-mindedness as a moral virtue. I argue that the main problem with existing accounts is that they derive the moral value of open-mindedness entirely from the epistemic role it plays in moral thought. This view is overly intellectualist. I argue that open-mindedness as a moral virtue promotes our flourishing alongside others in ways that are quite independent of its role in correcting our beliefs. I close my discussion by distinguishing open-mindedness from (...) what some might consider its equivalent: empathy and tolerance. (shrink)

Advocates of ?deliberative democracy? want citizens to actively participate in serious dialogue over political issues, not merely go to the polls every few years. Unfortunately, these ideals don't take into account widespread political ignorance and irrationality. Most voters neither attain the level of knowledge needed to make deliberative democracy work, nor do they rationally evaluate the political information they do possess. The vast size and complexity of modern government make it unlikely that most citizens can ever reach the levels of (...) knowledge and rationality required by deliberative democracy, even if they were better informed than they are at present. (shrink)

Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...) question has some appeal. The article highlights and considers this question. it concludes that the answer is negative: there is no necessary relation between morality and law in this respect. Rather, there is a reason in favor of incorporating morality into the law only when this incorporation promotes a moral value that is independent of the law. (shrink)

If philosophical moral reflection tends to improve moral behaviour, one might expect that professional ethicists will, on average, behave morally better than non-ethicists. One potential source of insight into the moral behaviour of ethicists is philosophers' opinions about ethicists' behaviour. At the 2007 Pacific Division meeting of the American Philosophical Association, we used chocolate to entice 277 passers-by to complete anonymous questionnaires without their knowing the topic of those questionnaires in advance. Version I of the questionnaire asked respondents to compare, (...) in general, the moral behaviour of ethicists to that of philosophers not specializing in ethics and to non-academics of similar social background. Version II asked respondents similar questions about the moral behaviour of the ethics specialist in their department whose name comes next in alphabetical order after their own. Both versions asked control questions about specialists in metaphysics and epistemology. The majority of respondents expressed the view that ethicists do not, on average, behave better than non-ethicists. Whereas ethicists tended to avoid saying that ethicists behave worse than non-ethicists, non-ethicists expressed that pessimistic view about as often as they expressed the view that ethicists behave better. (shrink)

Soldiers encounter extremely difficult ethical dilemmas during wars, as they must make decisions about how to follow the laws of war and their rules of engagement while still protecting themselves and accomplishing their missions. Scholarship on just war theory and military ethics generally describe soldiers' dilemmas as being ethical challenges that soldiers can overcome by using the correct ethical reasoning process. However, this essay argues that some of the apparent ethical dilemmas that soldiers confront are actually ethically insoluble dilemmas that (...) cannot be solved using ethical reasoning processes. Dilemmas are ethically insoluble when soldiers do not have sufficient knowledge of a situation or control over it to apply an ethical decision procedure. In these situations soldiers must guess at the right course of action and leave the outcome to luck. (shrink)

Der libertäre Paternalismus befürwortet Eingriffe in die Entscheidungsfindung von Bürgern, ohne ihnen Optionen völlig nehmen zu wollen. Vielmehr soll die Lenkung des Willens durch Schubser geschehen. Im folgenden Beitrag möchte ich zeigen, dass der libertäre Paternalismus auf tönernen Füßen steht. Ich bediene mich dabei des polemischen Bilds von Quacksalbern. Dieses Bild passt zu meinem argumentativen Vorgehen, da ich erstens zeigen will, dass der libertäre Paternalismus falsche Diagnosen über vermeintliche Krankheiten der Willensbildung stellt, und zweitens, dass er die falsche Therapie empfiehlt. (...) Im ersten Teil des Artikels kritisiere ich die Diagnose des libertären Paternalismus, wonach Menschen in ihrer Entscheidungsfindung systematisch fehlschlagen. Die Auswirkungen der zugrundeliegenden psychologischen Forschung werden missinterpretiert und damit vielen menschlichen Entscheidungen eine Art Defekt zugeschrieben. Der zweite Teil des Beitrags hinterfragt die Therapie des libertären Paternalismus. Für entsprechende Interventionen in die Wahlarchitektonik muss Wissen erlangt werden über die Richtung, in welche die Menschen jeweils geschubst werden sollten. Die hier genannte epistemische Aufgabe kann mit den theoretischen Mitteln des libertären Paternalismus nicht gelöst werden. (shrink)

The discussion of migrants’ education focuses generally on whether and how host countries should educate their migrant populations, examining the goals and moral principles underlying educational services for immigrants. While apparently innocuous, such formulations of the issue stipulate a framework with clear roles: host countries are posited as providers and immigrants as recipients of services. Host countries are, thus, placed in a hierarchical position of ‘granting’ belonging, ‘granting’ services, ‘granting’ education, as benefactors, whether for the purposes of duty, utility, or (...) justice. In this paper, I challenge this unidirectional order of beneficence. I propose that the inclusion of migrants in public institutions should more properly be viewed (also) as providing a necessary good/service for the host communities. The encounter with the alien, the foreign, the migrant, in oneself and in one’s world, forces individuals and communities to reflect on what and who they are as well as what and who they want to be – their identity and their future development. I argue that migrant populations with diverse linguistic traditions and customs are uniquely situated to bring to consciousness and help denaturalize the given traditions and culture of their host communities and thus make possible a more self-aware, informed, and freer path of development for their host countries. (shrink)

In this article, I examine the ways in which “Public Reason” (or public reasons, in plural) can be said to resonate with some types of reasons as presented and defended in contemporary legal theory. I begin by identifying the concept of Public Reason within the context of a discussion sparked by the between “internal” and “external” reasons, which was made famous by Bernard Williams. I will then compare this interpretation of Public Reason with Joseph Raz’s celebrated concept of exclusionary reasons. (...) Next, I refer to two concepts of moral “neutrality” and how such concepts affect our understanding of Public Reason. I also reflect upon whether it is tenable to draw a distinction between the good reasons for actions that we conduct in our own lives and good reasons to be adopted in public life. Finally, I raise the question of a distinction between the reasons which we press in general societal discourse and those that we press in the advocacy-related law-making process. (shrink)

Do professional ethicists behave any morally better than other professors do? Do they show any greater consistency between their normative attitudes and their behavior? In response to a survey question, a large majority of professors (83 percent of ethicists, 83 percent of nonethicist philosophers, and 85 percent of nonphilosophers) expressed the view that “not consistently responding to student e-mails” is morally bad. A similarly large majority of professors claimed to respond to at least 95 percent of student e-mails. These professors, (...) and others, were sent three e-mails designed to look like queries from students. Ethicists’ e-mail response rates were not significantly different from the other two groups’. Expressed normative view correlated with self-estimated rate of e-mail responsiveness, especially among the ethicists. Empirically measured e-mail responsiveness, however, was at best weakly correlated with self-estimated e-mail responsiveness; and professors’ expressed normative attitude was not significantly correlated with empirically measured e-mail responsiveness for any of the three groups. (shrink)

Julia Rosenak; Should Children be Subject to Paternalistic Restrictions on their Liberties?, Journal of Philosophy of Education, Volume 16, Issue 1, 30 May 2006.

There is a long tradition in economics of evaluating social arrangements by the extent to which individuals' preferences are satisfied. This is the tradition of welfarism, which has developed from nineteenth-century utilitarianism. Increasingly, however, the presumption that preference-satisfaction is the appropriate standard for evaluating social arrangements is being challenged by an alternative view: that we should focus on the set of opportunities open to each individual.

The tendency among working journalists to view ethics negatively, and ethical decision making as an attempt to inhibit their work by post facto sniping, is in part attributable to the way ethics is still taught in some undergraduate journalism programs - as a compendium of what journalists should not do. By adopting an approach that helps students and working journalists recognize ethics as affirmative, systematic, integrative, and definitive, ethics teachers can help foster a conception of ethics as positive, helpful, and (...) fundamental to the duty to inform. (shrink)

This paper develops three arguments for increasing the strength of database protection under U.S. law. First, stronger protections would encourage private investment in database development, and private databases have many potential benefits for science and industry. Second, stronger protections would discourage extensive use of private licenses to protect databases and would allow for greater public control over database laws and policies. Third, stronger database protections in the U.S. would harmonize U.S. and E.U. laws and would thus enhance international trade, commerce, (...) and research. The U.S. should therefore follow the European example and develop two tiers of protection for databases: 1) protection for creative databases under copyright law; 2) protection for non-creative databases through a special type of sui generis protection. In order to balance private control of data and public access to data, sui generis protections should define a “fair use” exemption that permits some unauthorized extraction of data for private, educational, and research purposes, provided that such extraction does not adversely impact the economic value of the database. (shrink)

An axiom of medical research ethics is that a protocol is moral only if it has a “favorable risk-benefit ratio”. This axiom is usually interpreted in the following way: a medical research protocol is moral only if it has a positive expected value -- that is, if it is likely to do more good (to both subjects and society) than harm. I argue that, thus interpreted, the axiom has two problems. First, it is unusable, because it requires us to know (...) more about the potential outcomes of research than we ever could. Second, it is false, because it conflicts with the so-called “soft paternalist” principles of liberal democracy. In place of this flawed rule I propose a new way of making risk-benefit assessments, one that does comport with the principles of liberalism. I argue that a protocol is moral only if it would be entered into by competent subjects who are informed about the protocol. The new rule this eschews all pseudo-utilitarian calculation about the protocol’s likely harms and benefits. (shrink)

IntroductionStrawsonian theories of moral responsibility, which aim to ground the phenomenon of moral responsibility in our practices of holding one another accountable for our actions, lead us to think more carefully about the content of those practices. Strawson and his followers have done much to explore the significance of the deontic reactive attitudes (resentment, indignation and guilt), which we tend to aim at wrongdoers.P. F. Strawson, "Freedom and Resentment," Proceedings of the British Academy, Vol. 48 (1962). See also, R. Jay (...) Wallace, Responsibility and the Moral Sentiments (Cambridge, MA: Harvard University Press, 1994); and Stephen Darwall, The Second-Person Standpoint: Morality, Respect and Accountability (Cambridge, MA: Harvard, 2006). In this essay, I am interested in the ways in which we express those attitudes. While it is plausible that experiencing a negative reactive attitude would be permissible in every case of blameworthy wrongdoing, few would agree that verbal .. (shrink)

In this paper we will analyse the issue of defeasibility in the law, taking into account research carried out in philosophy, artificial intelligence and legal theory. We will adopt a very general idea of legal defeasibility, in which we will include all different ways in which certain legal conclusions may need to be abandoned, though no mistake was made in deriving them. We will argue that defeasibility in the law involves three different aspects, which we will call inference‐based defeasibility, process‐based (...) defeasibility, and theory‐based defeasibility. Only the integration of these three perspectives allows us to provide a satisfactory account of the role of defeasibility in legal reasoning. (shrink)