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)

“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)

In his précis, James Stacey Taylor sets out his full-blooded Epicureanism, which concludes 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.”1 He then considers various topics in bioethics in the light of his Epicureanism, one of which I consider here: presumed consent in the procurement of organs for transplantation. Although I do not accept Taylor's Epicureanism and although his examination of presumed (...) consent is flawed in various ways, I think we can learn something important from him.Taylor couches the problem in terms of what we are supposed to presume about people's consent or dissent and he thinks that the USA and UK have a system of ‘presumed refusal’ “whereby it is presumed that a person would refuse to have her transplantable organs removed from her postmortem unless she had explicitly indicated otherwise” . Taylor makes a common mistake. The USA and UK have never had such a presumption. In these countries, people who explicitly refuse may not have their organs taken, whereas people who do not explicitly consent may have their organs taken if, roughly speaking, their families consent. Thus non-consenters are not presumed to be refusers.Leaving aside the mistake about the status quo, …. (shrink)

This paper offers a partial defence of the Epicurean claim that death is not bad for the one who dies. Unlike Epicurus and his present-day advocates, this defence relies not on a hedonistic or empiricist conception of value but on the concept of ‘existential’ value. Existential value is agent-relative value for which it is constitutive that it can be truly self-ascribed in the first person and present tense. From this definition, it follows that death (post-mortem non-existence), while perhaps bad in (...) some respects, cannot be an existential harm for the one who dies. This paper argues that existential goods are central to any explanation of why life appears good to us from a self-interested perspective, which means that death is not bad in the very respect in which life is most saliently good (from that perspective). A corresponding error theory shows why this truth is easily overlooked and explains why we tend to think that death is significantly worse than it really is. (shrink)

Deprivationism cannot accommodate the common sense assumption that we should lament our death iff, and to the extent that, it is bad for us. Call this the Nothing Bad, Nothing to Lament Assumption. As such, either this assumption needs to be rejected or deprivationism does. I first argue that the Nothing Bad, Nothing to Lament Assumption is false. I then attempt to figure out which facts our attitudes concerning death should track. I suggest that each person should have two distinct (...) attitudes toward death: one determined by agent’s reasonable expectations about when she will die and one determined by the amount of metaphysically possible good one reasonably believes death precludes. (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)

Perhaps death’s badness is an illusion. Epicureans think so and argue that agents cannot be harmed by death when they’re alive nor when they’re dead. I argue that each version of Epicureanism faces a fatal dilemma: it is either committed to a demonstrably false view about the relationship between self-regarding reasons and well-being or it is involved in a merely verbal dispute with deprivationism. I first provide principled reason to think that any viable view about the badness of death must (...) allow that agents have self-regarding reason to avoid death if doing so would increase their total well-being. I then show that Epicurean views which do not preserve this link are subject to reductio arguments and so should be rejected. After that, I show that the Epicurean views which accommodate this desideratum are involved in a merely verbal dispute with deprivationism. (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)

In this paper, we propose a novel approach to permit members of the public opportunity to record more nuanced wishes in relation to organ donation. Recent developments in organ donation and procurement have made the associated processes potentially more multistaged and complex than ever. At the same time, opt-out legislation has led to a more simplistic recording of wishes than ever. We argue that in order to be confident that a patient would really wish to go ahead with the various (...) interventions and procedures that now accompany organ donation, more nuanced information than a simple ‘yes’ or ‘no’ may be required. This is of particular importance for donation after circulatory death, where some interventions to facilitate donation occur when the patient is still alive. We propose the implementation of an online form to allow people to record more nuanced wishes in relation to donation, including an indication of competing wishes and how these should be weighed into decision-making. We argue that this approach will promote autonomous decision-making for the public, potentially reduce difficulties that family members encounter at the time of organ donation, and should make medical staff more confident that they are truly acting according to the wishes and best interests of their patients. (shrink)

In this article, I argue that we should revise our understanding of physical fitness to include preparation for challenging physically mediated life experiences—such as aging, disability, illness, reproduction, and death—as an important goal of physical activity. Such a revision is needed because the messages about fitness we encounter through “fitness ideology” can undermine the cultivation of skills and perspectives important for finding meaning, equanimity, and even happiness in light of such experiences. Because one of the ways that fitness ideology undermines (...) personal growth and well-being is through the promotion of fear and denial of our mutability and mortality, I focus on death, generally the most... (shrink)

The aim of this article is to study the relationship between Epicureanism and pandemic priority-setting and to explore whether Epicurus's philosophy is compliant with the later developed utilitarianism. We find this aim interesting because Epicurus had a different way of valuing death than our modern society does: Epicureanism holds that death—understood as the incident of death—cannot be bad (or good) for those who die (self-regarding effects). However, this account is still consistent with the view that a particular death can be (...) bad for everyone else but those who die, such as family, friends, and society (other-regarding effects). During the pandemic, the focus has been on the number of deaths more than on the suffering and reduced well-being of those infected and the rest of society. However, since the pandemic requires prioritization, it is, on a utilitarian account, important to consider priorities that do the most good overall. In this article, we approach the harm of death from an Epicurean point of view, seeking to flesh out potential implications for pandemic priority-setting, and healthcare in general, using a case study of COVID-19 priority-setting. We also explore whether this would conflict with utilitarianism. We conclude that an Epicurean pandemic priority-setting approach would be different but, surprisingly, not radically different from many of the actual priority-setting decisions we saw under the COVID-19 pandemic. (shrink)

Epicureans believe that death cannot harm the one who dies because they hold the existence condition, which states that a subject is able to be harmed only while they exist. I show that on one reading of this condition death can, in fact, make the deceased worse off because it is satisfied by the deprivation account of death’s badness. I argue that the most plausible Epicurean view holds the antimodal existence condition, according to which no merely possible state of affairs (...) can be good or bad relative to the subject who dies. I go on to show how this condition, as well as any other condition that denies the deprivation account, results in skepticism about practical reason. Thus, the Epicurean faces a dilemma. Either our practical reasoning is hopelessly mistaken or death can make us worse off. Given that our practical reasoning seems at least mildly reliable, we should conclude that death can make us worse off. (shrink)

In a recent article in this journal, Anna Christensen raises an ‘Epicurean challenge’ to Don Marquis’ much-discussed argument for the immorality of abortion. According to Marquis’ argument, abortion is pro tanto morally wrong because it deprives the fetus of ‘a future like ours’. Drawing on the Epicurean idea that death cannot harm its victim because there is no subject to be harmed, Christensen argues that neither fetuses nor anyone else can be deprived of a future like ours by dying. Thus, (...) Christensen suggests, the moral wrongness of abortion cannot be grounded in the relevant individual’s being deprived of a future like ours. In this reply, I argue that on no interpretation of Christensen’s Epicurean challenge does it succeed. (shrink)

On some popular accounts of promissory obligation, a promise creates an obligation to the person to whom the promise is made . On such accounts, the wrong involved in breaking a promise is a wrong committed against a promisee. I will call such accounts ‘directed obligation’ accounts of promissory obligation. While I concede that directed obligation accounts make good sense of many of our promissory obligations, I aim to show that directed obligation accounts, at least in their current forms, cannot (...) accommodate an obligation to keep deathbed promises. While the term 'deathbed promise' refers to any promise made to a person who is dying, I focus specifically on deathbed promises which will not, or even cannot, be fulfilled until after the promisee's death. In what follows, I examine two prominent types of directed obligation account: rights-based accounts, which argue that a promissory obligation is a directed obligation because a promise gives the promisee certain rights, and harm accounts, which argue that a promissory obligation is a directed obligation because a promise puts the promisee in a special position to be harmed. I argue that neither version can accommodate an obligation to keep deathbed promises. (shrink)

advanced directivesend-of-life decisionsharming the deadposthumous reproductiontransplant ethics.

Burke suggests that we should view society as a partnership between the past, the present, and the future. I defend this idea by outlining how we can understand the interests of the past and future people and the obligations that they have towards each other. I argue that we have forward-looking obligations to leave the world a decent place, and backward-looking obligations to respect the legacy of the past. The latter obligation requires an understanding of the role that traditions and (...) meta-traditions should (and should not) play in tying together societies—especially national societies—over time. (shrink)

It seems as though we have a duty to read the news – that we’re doing something wrong when we refuse to pay attention to what’s going on in the world. But why? I argue that some plausible justifications for a duty to read the news fail to fully explain this duty: it cannot be justified only by reference to its consequences, or as a duty of democratic citizenship, or as a self-regarding duty. It can, however, be justified on the (...) grounds that we have a positive, imperfect duty of respect for strangers, even when our actions don’t affect them directly. Reading the news is a key way, sometimes the only way, that we can respect those who are strangers to us. I close by considering some of the implications and limitations of this duty. (shrink)