It is commonly argued that cultural objects ought to be returned to their place of origin in order to remedy injustices committed in the past. In this paper, it is shown that significant challenges attach to this way of arguing. Although there is considerable intuitive appeal in the idea that if somebody wrongs another person then she ought to compensate for that injustice, the principle is difficult to apply to wrongdoings committed many decades or centuries ago. It is not clear (...) that historic injustices can meaningfully be corrected, or compensated for, and there are several arguments why, even in cases where there is a prima facie moral case for compensation, repatriation might not be a legitimate means of remedy. In order to bring analytical clarity to the issue, this paper discusses the various steps of the argument that must be addressed in order to ground a valid repatriation claim based on historic injustices. (shrink)

Fischer on death and unexperienced evils Content Type Journal Article DOI 10.1007/s11098-010-9667-0 Authors Ben Bradley, Philosophy Department, Syracuse University, 541 Hall of Languages, Syracuse, NY 13244, USA Journal Philosophical Studies Online ISSN 1573-0883 Print ISSN 0031-8116.

There has been increasing attention in sociology and internet studies to the topic of ‘digital remains’: the artefacts users of social network services (SNS) and other online services leave behind when they die. But these artefacts also pose philosophical questions regarding what impact, if any, these artefacts have on the ontological and ethical status of the dead. One increasingly pertinent question concerns whether these artefacts should be preserved, and whether deletion counts as a harm to the deceased user and therefore (...) provides pro tanto reasons against deletion. In this paper, I build on previous work invoking a distinction between persons and selves to argue that SNS offer a particularly significant material instantiation of persons. The experiential transparency of the SNS medium allows for genuine co-presence of SNS users, and also assists in allowing persons (but not selves) to persist as ethical patients in our lifeworld after biological death. Using Blustein’s “rescue from insignificance” argument for duties of remembrance, I argue that this persistence function supplies a nontrivial (if defeasible) obligation not to delete these artefacts. Drawing on Luciano Floridi’s account of “constitutive” information, I further argue that the “digital remains” metaphor is surprisingly apt: these artefacts in fact enjoy a claim to moral regard akin to that of corpses. (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

According to a prominent view, discrimination is wrong, when it is, because it makes people worse off. In this paper, I argue that this harm-based account runs into trouble because it cannot point to a harm, without making controversial metaphysical commitments, in cases of discrimination in which the discriminatory act kills the discriminatee. That is, the harm-based account suffers from a problem of death. I then show that the two main alternative accounts of the wrongness of discrimination—the mental-state-based account and (...) the objective-meaning account—do not run into this problem. (shrink)

Should moral blame stop at the grave? We often blame the dead for the bad things they did while alive. But blaming the dead poses a prima facie challenge to accounts which take our blaming practices to aim at communicating moral disapproval to wrongdoers or at improving their moral agency. If these kinds of aims are made definitional for blame, blaming the dead becomes impossible. But even on accounts which say that paradigmatically, blame is a form of moral engagement which (...) aims to effect changes in the wrongdoer, blaming the dead may seem unjustified, pointless or even irrational. In this paper, I explain how blaming the dead can be made sense of and justified. However, not all cases of blaming the dead fit this explanation, because blaming the dead is not a homogenous practice. (shrink)

Since its inception, the institution of postmortem organ transplantation has faced the problem of organ shortage: Every year, the demand for donor organs vastly exceeds supply, resulting in the deaths of approximately 8,000 individuals in the United States alone.1 This is in large part due to the fact that the United States, for the most part, operates under an “opt-in” policy in which people are given the opportunity to voluntarily opt-in to organ donation by registering as organ donors.2 In the (...) United States, a person’s organs will not be removed for transplantation purposes unless she has registered as a donor or her family gives their consent for organ removal.3 Jointly, these policies generate a situation where we do not retrieve as many organs as we could. (shrink)

“Opt-out” organ procurement policies based on presumed consent are typically advertised as being superior to “opt-in” policies based on explicit consent at securing organs for transplantation. However, Michael Gill has argued that presumed consent policies are also better than opt-in policies at respecting patient autonomy. According to Gill’s Fewer Mistakes Argument, we ought to implement the procurement policy that results in the fewest frustrated wishes regarding organ donation. Given that the majority of Americans wish to donate their organs, it is (...) plausible that a presumed consent policy would result in fewer frustrated wishes compared to the current opt-in policy. It follows that we ought to implement a policy of presumed consent. In this paper, I first consider and find wanting an objection to the Fewer Mistakes Argument developed recently by Douglas MacKay. I also consider an objection put forth by James Taylor but argue that there is a methodological reason to prefer my own argument to Taylor’s. Finally, I argue for two theses: first, that Gill’s major argument in favor of the crucial premise of the Fewer Mistakes Argument is flawed, and second, that the major premise of the Fewer Mistakes Argument is false. (shrink)

One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...) self-evident. But in his paper “Is the Death Penalty Irrevocable?” Mike Davis argues that it is false: the death penalty is not irrevocable. While Davis’ argument is itself somewhat compelling, it receives additional support from work in the metaphysics of death, specifically the literature on posthumous harm. Strengthened in this way, the argument deserves careful consideration. I begin with a quick sketch of Davis’ argument, then show how the Pitcher-Feinberg theory of posthumous harm enables a more robust argument against the irrevocability of capital punishment, defending their theory of harm against standard objections in the literature. Having established the coherency of the robust argument, I conclude that it nevertheless fails to make the case against irrevocability. This is because it ignores the full set of practical requirements incumbent on legal institutions that wrongly punish someone. (shrink)

This article evaluates the moral status of hominins, and obligations we may have towards them. In exploring these ethical considerations, I consider one of the most recent hominin finds: the ‘graveyard’ of Homo naledi in the Dinaledi caves at the Cradle of Humankind in South Africa. I argue that findings about H. naledi establish a pro tanto duty not to excavate their remains.

Can a person’s degree of wellbeing be affected by things that do not enter her experience? Experientialists deny that it can, extra-experientialists affirm it. The debate between these two positions has focused on an argument against experientialism—the experience machine objection—but few arguments exist for it. I present an argument for experientialism. It builds on the claim that theories of wellbeing should not only state what constitutes wellbeing, but also which entities are welfare subjects. Moreover, the claims it makes about these (...) two issues should have a certain coherence with each other. I argue that if we accept a particular plausible answer to the second question—namely that all and only sentient beings are welfare subjects—extra-experientialist theories face a problem of coherence. While this problem can typically be solved, doing so will involve steps that are unattractive. On experientialist theories, on the other hand, the answer to these questions cohere perfectly. (shrink)

The paper argues that the idea of gift-giving and its associated imagery, which has been founding the ethics of organ transplants since the time of the first successful transplants, should be abandoned because it cannot effectively block arguments for markets in human body parts. The imagery suggests that human bodies or their parts are transferable objects which belong to individuals. Such imagery is, however, neither a self-evident nor anthropologically unproblematic construal of the relation between a human being and their body. (...) The paper proposes an alternative conceptualization of that relation, the identity view according to which a human being is identical with their living body. This view, which offers a new ethical perspective on some central concepts of transplant medicine and its ethical and legal standards and institutions, supports widely shared intuitive ethical judgments. On this proposal, an act of selling a human body or one of its parts is an act of trade in human beings, not in owned objects. Transfers of human body parts for treatment purposes are to be seen as sharing in another human being’s misfortune rather than as giving owned objects. From the perspective of policy-making, the proposal requires, first, that informed consent for removal of transplant material be obtained from the potential benefactor. Secondly, explicit consent by the prospective benefactor is obligatory in the case of removal of transplant material from a living benefactor. Thirdly, in the case of posthumous retrieval, informed consent by the potential benefactor during their life is not ethically indispensable. Additionally, while refusal of posthumous retrieval expressed by a potential benefactor during their life must be respected, such a refusal needs ethical justification and explanation. (shrink)

Most philosophers in the death literature believe that death can be bad for the person who dies. The most popular view of death’s badness—namely, deprivationism—holds that death is bad for the person who dies because, and to the extent that, it deprives them of the net good that they would have accrued, had their actual death not occurred. Deprivationists thus face the challenge of locating the time that death is bad for a person. This is known as the Timing Problem, (...) which is thought to be one of the biggest challenges facing views holding that death can be bad for the person who dies. Every possible answer to this question has been defended in the literature, yet each answer can seemingly be shown to be subject to compelling objections. In this paper, I argue that the force of the Timing Problem is illusory. Specifically, I argue that the problem, as formulated in the literature, is underspecified. Any adequately precise form of the question ‘When is death bad for the person who dies?’ is one to which there is a clear, decisive, and unproblematic answer. (shrink)

Many people attempt to give meaning to their lives by pursuing projects that they believe will bear fruit after they have died. Knowing that their death will preclude them from protecting or promoting such projects people who draw meaning from them will often attempt to secure their continuance by securing promises from others to serve as their caretakers after they die. But those who rely on such are faced with a problem: None of the four major accounts that have been (...) developed to explain directed promissory obligation (the Authority View, the Trust View, the Assurance View, and the Reliance View) support the view that we are obligated to keep our promises to persons who are now dead. But I will provide hope for those who wish to use such promises to protect the meaning with which they have endowed their lives. I will argue that while we cannot wrong a person who is now dead by breaking a promise made to her during her life, we could wrong the living by so doing. We thus (might) have reason to keep the promises that we made to those who are now dead. (shrink)

Teck Chuan Voo and Soren Holm argue that “organs should be inheritable if they were to be socially and legally recognised as tradable property.”1 To support this view they first observe that “…legal recognition of objects as property… opens up the possibility of the legal recognition of the survival of the property rights and their inheritability after the death of the source/owner, even if those rights are intimately bound with the person.”1 They also note that if organs are tradable property (...) then they could be sold by their current owners for removal by the buyer after the original owner dies. Having established that a person's property rights in her organs should be respected in this way if organs are tradable property, Voo and Holm hold that “[p]rima facie, organs should be disposable by testation”.1 They believe that this claim is supported by the same consequentialist reasons that support organs being recognised as tradable property: that this increases persons’ freedom and control over their organs, and increases transfers of transplantable organs to persons who need them. But while these reasons support recognising organs as tradable property, they do not support their being …. (shrink)

_Death, Posthumous Harm, and Bioethics_ offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues. Taylor defends the controversial Epicurean view that death is not a harm to the person who dies and the neo-Epicurean thesis that persons cannot be affected by events that occur after their deaths, and hence that posthumous harms are impossible. He then extends this argument by asserting that the (...) dead cannot be wronged, finally presenting a defence of revisionary views concerning posthumous organ procurement. (shrink)

If pressed to identify the philosophical foundations of contemporary bioethics, most bioethicists would cite the four-principles approach developed by Tom L Beauchamp and James F Childress,1 or perhaps the ethical theories of JS Mill2 or Immanuel Kant.3 Few would cite Aristotle's metaphysical views surrounding death and posthumous harm.4 Nevertheless, many contemporary bioethical discussions are implicitly grounded in the Aristotelian views that death is a harm to the one who dies, and that persons can be harmed, or wronged, by events that (...) occur after their deaths. The view that death is a harm to the one who dies infuses, for example, the debates over abortion and euthanasia, while the view that persons could be harmed or wronged after their deaths informs much of the debate over, for example, policies for the posthumous procurement of transplant and the ethics of research on the dead.In Death, Posthumous Harm, and Bioethics, I argue that we should reject this cluster of influential Aristotelian thanatological claims, and instead endorse a trio of views that together constitute what I term full-blooded epicureanism: That death is not a harm to the person who dies, and that persons can neither be harmed nor wronged by events that occur after their deaths. …. (shrink)

One kind of attempt to defeat the Epicurean conclusion that "death is nothing to us" is the claim that death could be some kind of unexperienced harm. The possibility of such harm is thought to be made plausible by analogy to the possibility of unexperienced harm in life, and it has motivated the invention of many thought experiments which attempt to show that in life one can indeed be harmed without experiencing the harm or its effects in any way. But (...) such attempts fail to weaken the Epicurean conclusion because they fail to appreciate that something which is taken to be an unexperienceable misfortune could, with equal warrant, be claimed to be an unexperienceable good fortune. Indeed, a more accurate claim is that what is unexperienceable is neither good nor bad, but only nothing at all. At the conclusion of the essay I will propose a Principle of Nothing which expresses the Epicurean lesson to be learned from these investigations. (shrink)

Schechtman’s ‘Person Life View’ offers an account of personal identity whereby persons are the unified loci of our practical and ethical judgment. PLV also recognises infants and permanent vegetative state patients as being persons. I argue that the way PLV handles these cases yields an unexpected result: the dead also remain persons, contrary to the widely-accepted ‘Termination Thesis.’ Even more surprisingly, this actually counts in PLV’s favor: in light of our social and ethical practices which treat the dead as moral (...) patients, PLV gives a more plausible account of the status of the dead than its rival theories. (shrink)

We first heard about this case from nurses in one of our intensive care units while we were conducting an inservice. When the session was over, we discussed it between ourselves, and decided that it must have been misrepresented. The case had been presented as one of a teenager who was brain dead, had been so for six months, yet had been brought into the ICU for treatment. We have run into this before, we thought: medical professionals confusing brain death (...) with persistent vegetative state. But, of course, we reasoned, no one can be brain dead for six months. To us, as it would to many, the case sounded like a clinical and ethical impossibility. A week later, we were called by an attending physician from another ICU, at the urging of that unit's nursing staff. They had a patient who was brain dead, whose presence was causing distress among the staff. Ronald Chamberlain, a fifteen-year-old boy, had been a patient at a nearby longterm rehabilitation facility that is equipped to care for ventilator-dependent patients. (shrink)

We first heard about this case from nurses in one of our intensive care units while we were conducting an inservice. When the session was over, we discussed it between ourselves, and decided that it must have been misrepresented. The case had been presented as one of a teenager who was brain dead, had been so for six months, yet had been brought into the ICU for treatment. We have run into this before, we thought: medical professionals confusing brain death (...) with persistent vegetative state. But, of course, we reasoned, no one can be brain dead for six months. To us, as it would to many, the case sounded like a clinical and ethical impossibility.A week later, we were called by an attending physician from another ICU, at the urging of that unit's nursing staff. They had a patient who was brain dead, whose presence was causing distress among the staff. Ronald Chamberlain, a fifteen-year-old boy, had been a patient at a nearby longterm rehabilitation facility that is equipped to care for ventilator-dependent patients. (shrink)

The bulk of the literature on the relationship between art and morality is principally concerned with an aesthetic question: Do moral flaws with works of art constitute aesthetic flaws?1 Much less attention has been paid to the ways in which artworks can be morally flawed. There are at least three promising contenders that concern aesthetic education: Artworks can be morally flawed by endorsing immorality, corrupting audiences, and encouraging responses that are bad to have. When it comes to works of fiction, (...) the third suggestion requires what Allan Hazlett calls response moralism—the position that audience reactions to artworks can be morally bad.2 Here, I will put aside issues of aesthetic.. (shrink)

History is, indeed, little more than the register of the crimes, follies, and misfortunes of mankind.Edward Gibbon, The Decline and Fall of the Roman EmpireI argue that there are duties that can be called ‘Moral duties due to history’ or, in short, ‘Duties to History’. My claim is not the familiar thought that we need to learn from history on how to live better in the present and going forward, but that history itself creates moral duties. In addition to those (...) obligations we currently recognise in response to the present and the future, there also exist special obligations in response to the past. If convincing, this means that our lives ought to be guided, in part, not only by our obligations to the living but by our DTH. This is a surprising result, with significant and sometimes perplexing implications. My focus is on the obligations of individuals in the light of history rather than on collective duties.I argue that there are duties that can be called ‘Moral duties due to history’ or, in short, ‘Duties to History’. My claim is not the familiar thought that we need to learn from history on how to live better in the present and going forward, but that history itself creates moral duties. In addition to those obligations we currently recognise in response to the present and the future, there also exist special obligations in response to the past; such as obligations to good people in the past, but going beyond them. If convincing, this means that our lives ought to be guided, in part, not only by our obligations to the living but by our DTH. This is a surprising result, with significant and sometimes perplexing implications. My focus is on the obligations of individuals in the light of history rather than on collective duties. (shrink)

I suggest a way in which metaphysics might cure us of our desire for immortality. Supposing that time is composed of instants, or even that time could be composed of instants, leads to the conclusion that there is nothing good that immortality offers, nothing we might reasonably want, that is in principle unavailable to a mere mortal. My argument proceeds in three stages. First, I suggest a necessary condition for a feature to ground the desirability of a life or a (...) portion thereof. Second, after distinguishing between three different features that could plausibly be meant by ’immortality’, I argue that if time could be composed of instants, only one of those features satisfies the necessary condition, and it evidently fails to ground the desirability of a life. Third, I argue that no feature that entails any of the three features grounds the desirability of a life either. I conclude with reflections on what this means for our longing for immortality. (shrink)

In his latest book, Criminalizing Sex (2020), Stuart P. Green, professor of philosophy of law at Rutgers, develops a unified liberal theory of the criminalization of sexual offenses. The exercise he undertakes is not an easy. Nevertheless, through the use of accessible language, rigorous reasoning and sometimes amusing examples, Green succeeds in offering both a state of the art of knowledge on the subject and in elaborating a legal system that allows for the advancement of thinking in the area of (...) sexual offenses according to the liberal ethics of harms and wrongs. The author starts from the observation that in recent years, criminal legislation on sexual offenses has undergone profound transformations: it has generally become more repressive with regard to non-consensual relationships (rape, sexual assault, etc.) but also more flexible with regard to mutually consensual relationships (homosexuality, adultery, etc.). This apparent double movement invites him to explore conceptual and normative implications of these divergent tendencies, starting from the premise that an ideal liberal criminal justice system should only punish situations where a perpetrator would impose a non-consensual sexual relationship on another. Such a vision of law, which emphasizes individual autonomy while preventing harm to others, follows in the footsteps of those promoted by John Stuart Mill (On Liberty), Herbert L.A. Hart (The Morality of the Criminal Law), and Joel Feinberg (The Moral Limits of the Criminal Law, 4 vols.). (shrink)

Eudaimonistic theorists of welfare have recently attacked conative accounts of welfare. Such accounts, it is claimed, are unable to classify states normally associated with physical and emotional health as non-instrumentally good and states associated with physical and psychological damage as non-instrumentally bad. However, leading eudaimonistic theories such as the self-fulfillment theory and developmentalism have problems of their own. Furthermore, conative theorists can respond to this challenge by dispositionalizing their theories, i.e., by saying that it is not merely the realization of (...) one’s values that is non-instrumentally good for one, but that the disposition to realize one’s values is also non-instrumentally good for one. This approach, properly elaborated, can accommodate the idea that, in many cases, states normally associated with physical and psychological health (or unhealth) are non-instrumentally good (or bad). It also preserves the many well-known advantages of conative theories. (shrink)

In recent years, philosophers have proposed a variety of accounts of the nature of harm. In this paper, I consider several of these accounts and argue that they are unsuccessful. I then make a modest case for a different view.

Desire satisfaction theories of well-being and deprivationism about the badness of death face similar problems: desire satisfaction theories have trouble locating the time when the satisfaction of a future or past-directed desire benefits a person; deprivationism has trouble locating a time when death is bad for a person. I argue that desire satisfaction theorists and deprivation theorists can address their respective timing problems by accepting fusionism, the view that some events benefit or harm individuals only at fusions of moments in (...) time. Fusionism improves on existing solutions to the timing problem for deprivationism because it locates death’s badness at the same time as both the victim of death and death itself, and it accounts for all of the ways that death is bad for a person. Fusionism improves on existing solutions to the problem of temporally locating the benefit of future and past-directed desires because it respects several attractive principles, including the view that the intrinsic value of a time for someone is determined solely by states of affairs that obtain at that time and the view that intrinsically beneficial events benefit a person when they occur. (shrink)

Some say that we should respect the privacy of dead people. In this article, I take this idea for granted and use it to motivate the stronger claim that we sometimes ought to respect the privacy of our past selves.

In the long-running debate on the interest of the dead, Joan C. Callahan argues against such interests and although Søren Holm for practical reasons is prepared to consider posthumous interests, he does not see any moral basis to support such interests. He argues that the whole question is irresolvable, yet finds privacy interests where Tutankhamen is concerned. Callahan argues that there can be reasons to hold on to the fiction that there are posthumous interests, namely if it is comforting for (...) the living and instrumental for society. Thus, despite arguing against the position that the dead have any interests or for any moral basis for such interests, these “interests” are still taken into consideration in the end. This shows the unsatisfactory basis of their positions and indicates the tenacity of the moral intuition that the dead can have moral claims on the living. One example of a posthumous interest is the interest in one’s good name. Here we argue that it is an interest of moral significance. This implies that if individuals restrict use of their sample when they are still alive, those restrictions apply after their death. Further, it implies that one should be concerned with the reputation of historic persons. Research that defeats these interests calls for justification. We have suggested two lines of thinking along which such a discussion could go: investigating the truth-value of the good name and the relevance of bringing it into possible disrepute. (shrink)

With the advanced methods of analysing old biological material, it is pressing to discuss what should be allowed to be done with human remains, particularly for well documented historical individuals. We argue that Queen Christina of Sweden, who challenged the traditional gender roles, has an interest in maintaining her privacy when there are continued attempts to reveal her ‘true’ gender. In the long-running philosophical debate on posthumous wronging, the fundamental question is: Who is wronged? Our aim is to find this (...) ‘missing subject’ using narrative theory.Narrative identity emphasises the fact that no person is alone in knowing or telling their life story. People’s lives are entangled and parts of the life story of a deceased person can remain in the living realm. Since the narrative identity of a person does not necessarily end upon their death, and this narrative continues to relate directly to the person who once existed, it is the narrative subject that can continue to be posthumously wronged. Queen Christina can no longer maintain her own identity, but we maintain it by our research into her life. We propose three duties relevant for posthumous wronging: the duty of truthfulness, the duty of recognition and the duty to respect privacy. (shrink)

This paper considers a new problem for desire theories of well-being. The problem claims that these theories are implausible because they misvalue the effects of fleeting desires, long-standing desires, and fluctuations in desire strength on well-being. I begin by investigating a version of the desire theory of well-being, simple concurrentism, that fails to capture intuitions in these cases. I then argue that desire theories of well-being that are suitably stability-adjusted can avoid this problem. These theories claim that the average strength (...) of a desire, and the length of time that it is held, both influence the extent to which its fulfilment or frustration affects well-being. I end by considering whether value-fulfilment theories of well-being have a more attractive response to this problem. I find that these theories have significant downsides that make them unappealing alternatives. (shrink)

I examine an argument that appears to take us from Parfit’s [Reasons and Persons, Oxford: Clarendon Press (1984)] thesis that we have no reason to fulfil desires we no longer care about to the conclusion that the effect of posthumous events on our desires is a matter of indifference (the post-mortem thesis). I suspect that many of Parfit’s readers, including Vorobej [Philosophical Studies 90 (1998) 305], think that he is committed to (something like) this reasoning, and that Parfit must therefore (...) give up the post-mortem thesis. However, as it turns out, the argument is subtly equivocal and does not commit Parfit to the post-mortem thesis. I close with some doubts about Parfit’s case for his indifference thesis. (shrink)

The harm thesis says that death may harm the individual who dies. The posthumous harm thesis says that posthumous events may harm those who die. Epicurus rejects both theses, claiming that there is no subject who is harmed, no clear harm which is received, and no clear time when any harm is received. Feldman rescues the harm thesis with solutions to Epicurus' three puzzles based on his own version of the deprivation account of harm. But many critics, among them Lamont, (...) Grey, Feit and Bradley, have rejected Feldman's solution to the timing puzzle, offering their own solutions in its place. I discuss these solutions to the timing puzzle, and defend the view that while we are alive we may incur harm for which death and posthumous events are responsible. (shrink)

Philosophy Compass, Volume 17, Issue 2, February 2022.

Theories of well-being purport to identify the features of lives, and of intervals within lives, in virtue of which some people are high in well-being and others are low in well-being. They also purport to identify the properties that make some events or states of affairs good for a person and other events or states of affairs bad for a person. This article surveys some of the main theories of well-being, with an emphasis on work published since the turn of (...) the century. (shrink)

According to the experience requirement on well-being, differences in subjects’ levels of welfare or well-being require differences in the phenomenology of their experiences. I explain why the two existing arguments for this requirement are not successful. Then, I introduce a more promising argument for it: that unless we accept the requirement, we cannot plausibly explain why only sentient beings are welfare subjects. I argue, however, that because the right kind of theory of well-being can plausibly account for that apparent fact (...) about welfare subjects even if the requirement is false, this argument does not succeed. I tentatively conclude that no compelling case can be made for the requirement. (shrink)

I aim to understand how the act of becoming an organ donor impacts whether it is permissible for a family veto to override an individual’s wish to donate. I argue that a Consent Model does not capture the right understanding of donor autonomy. I then assess a Gift Model and a Promise Model, arguing that both fail to capture important data about the ability to revoke one’s donor status. I then propose a Promise Acceptance Model, which construes becoming an organ (...) donor as accepting a promise the state makes to you to use your organs. This model, which implies that family vetoes are impermissible, captures the data other models struggle to accommodate. (shrink)

The question, what measures to address the shortage of transplantable organs are ethically permissible? requires careful attention because, apart from its impact on medical practice, the stance we espouse here reflects our interpretations of human freedom and mortality. To raise the number of available organs, on utilitarian grounds, bioethicists and medical professionals increasingly support mandatory procurement. This view is at odds with the Catechism of the Catholic Church, according to which ‘[o]rgan donation after death is a noble and meritorious act’ (...) but ethically impermissible absent consent. Those who concur with this position, but would oppose conscription on independent philosophical grounds, have not yet found a voice in the Western tradition comparable in strength to the utilitarian basis of the policy’s support, for Kantian and Aristotelian ethics, too, lend themselves to a requirement that we make our organs available to others when they can no longer serve ourselves. One finds an ethical wedge against conscription in an unexpected philosophical locale: the ‘fundamental ontology’ of Heidegger’s Being and Time, where pertinent individual choices arc protectively over what happens post mortem. Heidegger’s perspective on this issue thus meshes, not with other philosophical voices, but with Catholic doctrine—a surprising convergence of atheistic and theistic approaches to our flourishing whose ground I address in the article’s conclusion. (shrink)