In pornography, standard modelling contracts often require a performer to surrender rights over their public image and sexual media in perpetuity and across mediums. Under these contracts, performers are unable to determine who accesses, for what duration, and under what conditions, their sexual media. As a result, pornography has been described by some performers as a “life sentence” - a phrase which, if true, violates some strong intuitions we share about the importance of autonomy in sexual activity. Using the framework (...) of “affirmative consent,” I argue that these contracts violate performers' rights to sexual autonomy, and ought therefore to be considered objectionable. Overall, I argue that the legal regimes we create have a strong impact on people’s lives, and more important than legislating individual outcomes, the type of infrastructure we build around people’s decisions has the potential to radically empower - or disempower - those engaged in sex work. (shrink)

I lay out the framework for my theory of sensory imagination in “Imagining as a guide to possibility.” Sensory imagining involves mental imagery , and crucially, in describing the content of imagining, I distinguish between qualitative content and assigned content. Qualitative content derives from the mental image itself; for visual imaginings, it is what is “pictured.” For example, visually imagine the Philadelphia Eagles defeating the Pittsburgh Steelers to win their first Super Bowl. You picture the greenness of the field and (...) the football’s brown oblong shape. Some of what you imagine isn’t explicitly pictured, however. That it is Sunday, that it is the Super Bowl: these facts are assigned. (shrink)

In past and modern psychophysics there are several unresolved methodological and philosophical problems of human and animal perception, including the outstanding question of the relational basis of whole psychophysics. Here the main issue is discussed: if, and to what extent, there are viable bridges between the traditional “gestalt” oriented approaches and the modern perceptual-cognitive perspectives in psychophysics. Thereby the key concept of psychological “frame of reference” is presented by pointing to Hermann Ebbinghaus' geometric-optical illusions, on the one hand, and Max (...) Wertheimer's treatment of the traditional transposition phenomenon, on the other hand. A much-needed theoretical reorientation of future research may help to overcome the philosophical narrowness of present-day human and comparative psychophysics. (shrink)

This paper takes the dichotomy between “exclusive” and “inclusive” positivism and applies it by analogy to natural-law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of “exclusive natural-law theory,” on which approach the law is valid only if its content satisfies a normative monological moral theory. The discourse theories of Alexy and Habermas are seen instead as “inclusive natural-law theories,” in which the positive law is a constitutive moment in that it identifies moral rules and specifies (...) their meaning. The article argues that inclusive theories of natural law are better suited to expressing an authentic “republican” attitude.*In the seed of the city of the just, a malignant seed is hidden, in its turn: the certainty and pride of being in the right. (Calvino 1997, 162). (shrink)

The dominant approach in privacy theory defines information privacy as some form of control over personal information. In this essay, I argue that the control approach is mistaken, but for different reasons than those offered by its other critics. I claim that information privacy involves the drawing of epistemic boundaries—boundaries between what others should and shouldn’t know about us. While controlling what information others have about us is one strategy we use to draw such boundaries, it is not the only (...) one. We conceal information about ourselves and we reveal it. And since the meaning of information is not self-evident, we also work to shape how others contextualize and interpret the information about us that they have. Information privacy is thus about more than controlling information; it involves the constant work of producing and managing public identities, what I call “social self- authorship.” In the second part of the essay, I argue that thinking about information privacy in terms of social self- authorship helps us see ways that information technology threatens privacy, which the control approach misses. Namely, information technology makes social self- authorship invisible and unnecessary, by making it difficult for us to know when others are forming impressions about us, and by providing them with tools for making assumptions about who we are which obviate the need for our involvement in the process. (shrink)

abstractThis paper addresses the relation between morality and private thought. It is widely agreed that government and society have no business trying to control our thoughts—that, as long as we d...

Using a Rawlsian approach to analyze the ethical implications of data mining within three major codes of ethics used by American marketing firms, the author argues that marketers should re-conceptualize their business conduct, as defined in their individual codes of ethics, to incorporate a Rawlsian concern for society's least advantaged members. Rawls's concept of primary goods provides the framework for the argument that anonymity, a component of privacy, is vital for consumers whose autonomy is affected by data mining. A combination (...) of practical measures, ethical guidelines, and legislative protections are recommended for minimizing concerns about data mining, while still allowing for commercial advantages provided by the practice. (shrink)

This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which it might (...) stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

Nine codes of ethics from companies in the Swedish financial sector were subjected to a content analysis to determine how they address and treat employees. The codes say a great deal about employee conduct and misconduct but next to nothing about employee rights, their rightful expectations or their value to the firm. The normative analysis – echoing some of the value-based HRM literature – draws on the foundational values of respect, equality, reciprocity and care. The analysis shows that most of (...) the codes are in conflict with these values. Such a treatment is then in conflict with fairness and risks harming the employees. Some of the features that make these codes ethically problematic are typical of how corporate codes have been described in previous code studies. Consequently, the normative analysis reaches beyond the scope of this material and in the end, what is at stake, is a very typical code design. (shrink)

Over the past decade, there has been an explosion of scientific research into the nature of our moral psychology that demonstrates that human morality is fully grounded in the natural world and, thus, part of our evolved nature. Yet, many, if not most, scholars in the social sciences and humanities remain sceptical or pessimistic. Looking at a number of these recurrent concerns, I identify the source of this resistance as ‘moral creationism’: a set of beliefs, grounded in relativism and romanticism, (...) about morality as irreducibly complex, holistic and non-decomposable, and that, therefore, implicates the scientific approach to morality as irrelevant, misguided, or in the extreme, itself somehow taboo or unethical. I demonstrate that moral creationism is intellectually unfounded by examining evidence on moral diversity and universality, moral and conventional norms, emotion and reasoning in moral judgment, moral conflict, moral progress and religion and morality. I argue that rejecting moral creationism not only prevents an inaccurate view of our moral psychology, but also has implications for the plausibility and justification of various normative theories, for reforming the practice of moral philosophy and can inform applied ethical areas. Without the protective strategy of moral creationism as a default position, humanists as well as scientists will both benefit as already fruitful inquiry, constructive engagement, collaboration and incorporation of novel investigative methods across disciplines can continue to grow. (shrink)

A number of academic disciplines are seeking to rearticulate the distinction between the natural and the normative by rethinking the position humans occupy within nature. This article surveys this interdisciplinary debate in which the possibility of understanding humans as normative beings is often called into question. The aim of this survey is to identify the stakes involved in such debates and to reveal the underlying policy dimension of current discussions about human nature. This article concludes by arguing that the main (...) target of the current battles for recognition between disciplines is the `public', which is becoming the ultimate epistemic authority in a game with high political stakes. Key Words: humanity • normativity • performativity • political theory • public understanding of science. (shrink)

This paper examines a remarkable document that has escaped critical attention within the vast literature on John Rawls, religion, and liberalism: Rawls's undergraduate thesis, "A Brief Inquiry into the Meaning of Sin and Faith: An Interpretation Based on the Concept of Community" (1942). The thesis shows the extent to which a once regnant version of Protestant theology has retreated into seminaries and divinity schools where it now also meets resistance. Ironically, the young Rawls rejected social contract liberalism for reasons that (...) anticipate many of the claims later made against him by secular and religious critics. The thesis and Rawls's late unpublished remarks on religion and World War II offer a new dimension to his intellectual biography. They show the significance of his humanist response to the moral impossibility of political theology. Moreover, they also reveal a kind of Rawlsian piety marginalized by contemporary debates over religion and liberalism. (shrink)

In this paper, I criticize two recent and influential arguments for no-platforming advanced by Robert Simpson and Amia Srinivasan and by Neil Levy, respectively. What both arguments have in common is their attempt to reconcile no-platforming with liberal values. For Simpson and Srinivasan, no-platforming does not contradict liberalism if grounded on the distinction between norms of free speech and norms of academic freedom; for Levy, those who defend the practice need not be accused of promoting paternalism. I argue that neither (...) view succeeds: these authors’ views are in strong tension with core tenets of liberalism. I proceed as follows: after introducing some basic liberal principles, I explain Simpson and Srinivasan’s argument in more detail and argue that it is too strong for some their stated purposes; then I proceed to show that both Simpson and Srinivasan and Levy’s arguments would justify extremely closed universities; finally, after arguing that Levy’s stance does not circumvent paternalism, I present some evidence that no-platforming would be captured by censors and probably threaten the very academic freedom that the authors want to protect. (shrink)

A liberal egalitarian theory of justice seeks to combine the values of equality, personal freedom, and personal responsibility. It is considered a much more promising position than strict egalitarianism, because it supposedly provides a fairness argument for inequalities reflecting differences in choice. However, we show that it is inherently difficult to fulfill this ambition. We present a liberal egalitarian paradox which shows that there does not exist any robust reward system that satisfies a minimal egalitarian and a minimal liberal requirement. (...) Moreover, we demonstrate how libertarianism may be justified in this framework if we drop the egalitarian condition. (shrink)

This paper examines Harold Garfinkel's notion of the natural attitude about sex and his claim that it is fundamentally moral in nature. The author looks beneath the natural attitude in order to explain its peculiar resilience and oppressive force. There she reveals a moral order grounded in the dichotomously sexed bodies so constituted through boundaries governing privacy and decency. In particular, naked bodies are sex-differentiated within a system of genital representation through gender presentation—a system that helps constitute the very boundaries (...) between the public and private. (shrink)

I'll show that the kind of analogy between life and information [argued for by authors such as Davies (2000), Walker and Davies (2013), Dyson (1979), Gleick (2011), Kurzweil (2012), Ward (2009)] – that seems to be central to the effect that artificial mind may represent an expected advance in the life evolution in the Universe – is like the design argument, and that if the design argument is unfounded and invalid, the argument to the effect that artificial mind may represent (...) an expected advance in the life evolution in the Universe is also unfounded and invalid. However, if we are prepared to admit (though we should not do so) this method of reasoning as valid, I'll show that the analogy between life and information to the effect that artificial mind may represent an expected advance in the evolution of life in the Universe seems to suggest some type of reductionism of life to information, but biology respectively chemistry, or physics are not reductionist, contrary to what seems to be suggested by the analogy between life and information. (shrink)

This essay makes three suggestions: first, that it is attractive to conceive individualistic justification as one of the hallmarks - maybe even the one hallmark - of human rights; secondly, that combining this conception of human rights with standard worries about socioeconomic rights can tempt one to take the phrase "human rights" to refer to any individualistically justified weighty normative consideration (including considerations that are not rights); and thirdly, that reflections on the individuation of rights and rights' dynamic quality give (...) us some reason to resist this temptation - though this reason is interestingly inconclusive. (shrink)