Results for ' welfarist approach'

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  1.  36
    Can a Welfarist Approach be Used to Justify a Moral Duty to Cognitively Enhance Children?Jenny Krutzinna - 2016 - Bioethics 30 (7):528-535.
    The desire to self-improve is probably as old as humanity: most of us want to be smarter, more athletic, more beautiful, or more talented. However, in the light of an ever increasing array of possibilities to enhance our capacities, clarity about the purpose and goal of such efforts becomes crucial. This is especially true when decisions are made for children, who are exposed to their parents’ plans and desires for them under a notion of increasing wellbeing. In recent years, cognitive (...)
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  2. Disability: a welfarist approach.Julian Savulescu & Guy Kahane - 2011 - Clinical Ethics 6 (1):45-51.
    In this paper, we offer a new account of disability. According to our account, some state of a person's biology or psychology is a disability if that state makes it more likely that a person's life will get worse, in terms of his or her own wellbeing, in a given set of social and environmental circumstances. Unlike the medical model of disability, our welfarist approach does not tie disability to deviation from normal species’ functioning, nor does it understand (...)
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  3.  55
    Psychological Disadvantage and a Welfarist Approach to Psychiatry.Rebecca Roache & Julian Savulescu - 2018 - Philosophy, Psychiatry, and Psychology 25 (4):245-259.
    There is an apparent epidemic of mental illness. At the end of 2011, untreated mental disorders accounted for 13% of the total global burden of disease, and for 25.3% and 33.5% of all years lived with a disability in low-and middle-income countries, respectively. Depression affects 350 million people globally and is the leading cause of disability. One in five U.S. adults takes psychiatric medication. One study found that by age 32, 50% of people surveyed qualified for an anxiety disorder, more (...)
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  4.  24
    The Basic Minimum: A Welfarist Approach.Dale Dorsey - 2012 - New York: Cambridge University Press.
    A common presupposition in contemporary moral and political philosophy is that individuals should be provided with some basic threshold of goods, capabilities, or well-being. But if there is such a basic minimum, how should this be understood? Dale Dorsey offers an underexplored answer: that the basic minimum should be characterized not as the achievement of a set of capabilities, or as access to some specified bundle of resources, but as the maintenance of a minimal threshold of human welfare. In addition, (...)
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  5.  19
    Religious preferences in healthcare: A welfarist approach.Roger Crisp - 2022 - Bioethics 37 (1):5-11.
    This paper offers a general approach to ethics before considering its implications for the question of how to respond to religious preferences in healthcare, especially those of patients and healthcare workers. The first section outlines the two main components of the approach: (1) demoralizing, that is, seeking to avoid moral terminology in the discussion of reasons for action; (2) welfarism, the view that our ultimate reasons are grounded solely in the well-being of individuals. Section 2 elucidates the notion (...)
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  6.  14
    Autonomy, well‐being, justice, professional responsibility and personal values: A commentary on Roger Crisp, ‘Religious Preferences in Health Care: A Welfarist Approach’.Julian Savulescu - 2022 - Bioethics 37 (1):12-14.
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  7.  54
    Dale Dorsey, The Basic Minimum: A Welfarist Approach: Cambridge University Press, 2012. ISBN 9781107017115, $95, Hbk. [REVIEW]Sarah Silverman - 2012 - Journal of Value Inquiry 46 (4):515-518.
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  8. Welfarism.Simon Keller - 2009 - Philosophy Compass 4 (1):82-95.
    Welfarism is the view that morality is centrally concerned with the welfare or well-being of individuals. The division between welfarist and non-welfarist approaches underlies many important disagreements in ethics, but welfarism is neither consistently defined nor well understood. I survey the philosophical work on welfarism, and I offer a suggestion about how the view can be characterized and how it can be embedded in various kinds of moral theory. I also identify welfarism's major rivals, and its major attractions (...)
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  9. Measurement scales and welfarist social choice.Michael Morreau & John A. Weymark - 2016 - Journal of Mathematical Psychology 75:127-136.
    The social welfare functional approach to social choice theory fails to distinguish a genuine change in individual well-beings from a merely representational change due to the use of different measurement scales. A generalization of the concept of a social welfare functional is introduced that explicitly takes account of the scales that are used to measure well-beings so as to distinguish between these two kinds of changes. This generalization of the standard theoretical framework results in a more satisfactory formulation of (...)
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  10. Welfarism, preferencism, judgmentism.Franz Dietrich - manuscript
    In a single framework, I address the question of the informational basis for evaluating social states. I particularly focus on information about individual welfare, individual preferences and individual (moral) judgments, but the model is also open to any other informational input deemed relevant, e.g. sources of welfare and motivations behind preferences. In addition to proving some possibility and impossibility results, I discuss objections against using information about only one aspect (e.g. using only preference information). These objections suggest a multi-aspect informational (...)
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  11.  13
    Well‐Being and Enhancement.Julian Savulescu, Anders Sandberg & Guy Kahane - 2011 - In Julian Savulescu, Ruud ter Meulen & Guy Kahane (eds.), Enhancing Human Capacities. Blackwell. pp. 1–18.
    Current and future possibilities for enhancing human physical ability, cognition, mood, and lifespan raise the ethical question of whether we should enhance normal human capacities in these ways. This chapter offers such an account of enhancement. It begins by reviewing a number of suggested accounts of enhancement, and points to their shortcomings. The chapter then identifies two key senses of “enhancement”: functional enhancement, the enhancement of some capacity or power (e.g. vision, intelligence, health) and human enhancement, the enhancement of a (...)
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  12.  18
    The Moral Pitfalls of Cultivated meat: Complementing Utilitarian Perspective with eco-republican Justice Approach.Cristian Moyano-Fernández - 2022 - Journal of Agricultural and Environmental Ethics 36 (1):1-17.
    The context of accelerated climate change, environmental pollution, ecosystems depletion, loss of biodiversity and growing undernutrition has led human societies to a crossroads where food systems require transformation. New agricultural practices are being advocated in order to achieve food security and face environmental challenges. Cultivated meat has recently been considered one of the most desired alternatives by animal rights advocates because it promises to ensure nutrition for all people while dramatically reducing ecological impacts and animal suffering. It is therefore presented (...)
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  13.  52
    New Omnivorism: a Novel Approach to Food and Animal Ethics.Christopher Bobier & Josh Milburn - 2022 - Food Ethics 7 (1):1-17.
    New omnivorism is a term coined by Andy Lamey to refer to arguments that – paradoxically – our duties towards animals require us to eat some animal products. Lamey’s claim to have identified a new, distinctive position in food ethics is problematic, however, for some of his interlocutors are not new (e.g., Leslie Stephen in the nineteenth century), not distinctive (e.g., animal welfarists), and not obviously concerned with eating animals (e.g., plant neurobiologists). It is the aim of this paper to (...)
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  14.  13
    A Utilitarian Approach.R. M. Hare - 1998 - In Helga Kuhse & Peter Singer (eds.), A Companion to Bioethics. Malden, Mass., USA: Wiley-Blackwell. pp. 85–90.
    This chapter contains sections titled: References.
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  15.  47
    The limits of a nonconsequentialist approach to torts.Barbara H. Fried - 2012 - Legal Theory 18 (3):231-262.
    The nonconsequentialist revival in tort theory has focused almost exclusively on one issue: showing that the rules governing compensation for acts reflect corrective justice rather than welfarist norms. The literature either is silent on what makes an act wrongful in the first place or suggests criteria that seem indistinguishable from some version of cost/benefit analysis. As a result, cost/benefit analysis is currently the only game in town for determining appropriate standards of conduct for socially useful but risky acts. This (...)
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  16.  44
    The Behavioural Economist and the Social Planner: To Whom Should Behavioural Welfare Economics Be Addressed?Robert Sugden - 2013 - Inquiry: An Interdisciplinary Journal of Philosophy 56 (5):519 - 538.
    ABSTRACT This paper compares two alternative answers to the question ?Who is the addressee of welfare economics?? These answers correspond with different understandings of the status of the normative conclusions of welfare economics and have different implications for how welfare economics should be adapted in the light of the findings of behavioural economics. The conventional welfarist answer is that welfare economics is addressed to a ?social planner?, whose objective is to maximize the overall well-being of society; the planner is (...)
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  17.  16
    Armstrong on Justice, Well-being and Natural Resources.David Miller - 2021 - Global Justice : Theory Practice Rhetoric 13 (1):1-16.
    This paper argues first that Armstrong is led to see natural resources primarily as objects of consumption. But many natural resources are better seen as objects of enjoyment, where one person’s access to a resource need not prevent others from enjoying equal access, or as objects of production, where granting control of a resource to one person may produce collateral benefits to others. Second, Armstrong’s approach to resource distribution, which requires that everyone must have equal access to welfare, conceals (...)
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  18.  30
    The Ethics of Touch and the Importance of Nonhuman Relationships in Animal Agriculture.Steve Cooke - 2021 - Journal of Agricultural and Environmental Ethics 34 (2):1-20.
    Animal agriculture predominantly involves farming social animals. At the same time, the nature of agriculture requires severely disrupting, eliminating, and controlling the relationships that matter to those animals, resulting in harm and unhappiness for them. These disruptions harm animals, both physically and psychologically. Stressed animals are also bad for farmers because stressed animals are less safe to handle, produce less, get sick more, and produce poorer quality meat. As a result, considerable efforts have gone into developing stress-reduction methods. Many of (...)
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  19.  91
    An inquiry into the principles of needs-based allocation of health care.Tony Hope, Lars Peter Østerdal & Andreas Hasman - 2009 - Bioethics 24 (9):470-480.
    The concept of need is often proposed as providing an additional or alternative criterion to cost-effectiveness in making allocation decisions in health care. If it is to be of practical value it must be sufficiently precisely characterized to be useful to decision makers. This will require both an account of how degree of need for an intervention is to be determined and a prioritization rule that clarifies how degree of need and the cost of the intervention interact in determining the (...)
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  20.  26
    Making Room for Activist Voices in a Philosophically Sound Theory of Disability.Ruby A. Main - 2020 - Essays in Philosophy 21 (1):92-108.
    Against the medical and social models of disability are two newer proposals. Elizabeth Barnes’ Minority Body proposes that it is the bodies which are advocated for and included in the disability rights movement which are rightfully called “disabled.” Savulescu and Kahane’s Welfarist approach proposes that disability is intrinsically tied to the effects of bodily states on welfare. They put the need for a consistent and relatively simple normative theory above accounting for standard case judgements about who is and (...)
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  21.  16
    Equivalent income and fair evaluation of health care.Marc Fleurbaey, Stéphane Luchini, Christophe Muller & Erik Schokkaert - unknown
    We argue that the economic evaluation of health care (cost–benefit analysis) should respect individual preferences and should incorporate distributional considerations. Relying on individual preferences does not imply subjective welfarism. We propose a particular non-welfarist approach, based on the concept of equivalent income, and show how it helps to define distributional weights. We illustrate the feasibility of our approach with empirical results from a pilot survey.
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  22.  34
    Doctor, please make me freer: Capabilities enhancement as a goal of medicine.Jon Rueda, Pablo García-Barranquero & Francisco Lara - 2021 - Medicine, Health Care and Philosophy (3):409-419.
    Biomedical innovations are making possible the enhancement of human capabilities. There are two philosophical stances on the role that medicine should play in this respect. On the one hand, naturalism rejects every medical intervention that goes beyond preventing and treating disease. On the other hand, welfarism advocates enhancements that foster subjective well-being. We will show that both positions have considerable shortcomings. Consequently, we will introduce a third characterization in which therapies and enhancements can be reconciled with the legitimate objectives of (...)
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  23. On justifying an account of moral goodness to each individual: contractualism, utilitarianism, and prioritarianism.Richard Pettigrew - manuscript
    Many welfarists wish to assign to each possible state of the world a numerical value that measures something like its moral goodness. How are we to determine this quantity? This paper proposes a contractualist approach: a legitimate measure of moral goodness is one that could be justified to each member of the population in question. How do we justify a measure of moral goodness to each individual? Each individual recognises the measure of moral goodness must be a compromise between (...)
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  24.  61
    Rights, Indirect Utilitarianism, and Contractarianism.Alan P. Hamlin - 1989 - Economics and Philosophy 5 (2):167-188.
    Economic approaches to both social evaluation and decision-making are typically Paretian or utilitarian in nature and so display commitments to both welfarism and consequentialism. The contrast between the economic approach and any rights-based social philosophy has spawned a large literature that may be divided into two branches. The first is concerned with the compatibility of rights and utilitarianism seen as independent moral forces. This branch of the literature may be characterized as an example of the broader debate between the (...)
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  25. The Justification of Associative Duties.Seth Lazar - 2016 - Journal of Moral Philosophy 13 (1):28-55.
    People often think that their special relationships with family, friends, comrades and compatriots, can ground moral reasons. Among these reasons, they understand some to be duties – pro tanto requirements that have genuine weight when they conflict with other considerations. In this paper I ask: what is the underlying moral structure of associative duties? I first consider and reject the orthodox Teleological Welfarist account, which first observes that special relationships are fundamental for human well-being, then claims that we cannot (...)
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  26.  46
    Moral enhancement and the good life.Hazem Zohny - 2019 - Medicine, Health Care and Philosophy 22 (2):267-274.
    One approach to defining enhancement is in the form of bodily or mental changes that tend to improve a person’s well-being. Such a “welfarist account”, however, seems to conflict with moral enhancement: consider an intervention that improves someone’s moral motives but which ultimately diminishes their well-being. According to the welfarist account, this would not be an instance of enhancement—in fact, as I argue, it would count as a disability. This seems to pose a serious limitation for the (...)
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  27. Sen, Amartya.Sanjit Chakraborty - 2022 - Encyclopedia of Business and Professional Ethics.
    Amartya Sen’s remarkable endeavour to realize the normative capability of welfare economics goes beyond the impecunious resultants of the neoclassical welfare economy. The neoclassical welfare economy decoratively bracketed values to speculate about factual observations. This was due to the influence of logical positivists and their convictions about experimental scientific statements (primarily mathematical) and their vicinity to empirical truths and analytic statements. Sen adequately inquires “whether morality can be expressed in the form of choice between preference patterns rather than between actions” (...)
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  28.  18
    Population Issues in Social Choice Theory, Welfare Economics, and Ethics.Charles Blackorby, Walter Bossert & David J. Donaldson - 2005 - Cambridge University Press.
    This book presents an exploration of the idea of the common or social good, extended so that alternatives with different populations can be ranked. The approach is, in the main, welfarist, basing rankings on the well-being, broadly conceived, of those who are alive. The axiomatic method is employed, and topics investigated include: the measurement of individual well-being, social attitudes toward inequality of well-being, the main classes of population principles, principles that provide incomplete rankings, principles that rank uncertain alternatives, (...)
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  29.  46
    Does the harm component of the harmful dysfunction analysis need rethinking?: Reply to Powell and Scarffe.Jerome C. Wakefield & Jordan A. Conrad - 2019 - Journal of Medical Ethics 45 (9):594-596.
    In ‘Rethinking Disease’, Powell and Scarffe1 propose what in effect is a modification of Jerome Wakefield’s2 3 harmful dysfunction analysis of medical disorder. The HDA maintains that ‘disorder’ is a hybrid factual and value concept requiring that a biological dysfunction, understood as a failure of some feature to perform a naturally selected function, causes harm to the individual as evaluated by social values. Powell and Scarffe accept both the HDA’s evolutionary biological function component and its incorporation of a value component. (...)
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  30. Animal Morality: What It Means and Why It Matters.Susana Monsó, Judith Benz-Schwarzburg & Annika Bremhorst - 2018 - The Journal of Ethics 22 (3-4):283-310.
    It has been argued that some animals are moral subjects, that is, beings who are capable of behaving on the basis of moral motivations. In this paper, we do not challenge this claim. Instead, we presuppose its plausibility in order to explore what ethical consequences follow from it. Using the capabilities approach, we argue that beings who are moral subjects are entitled to enjoy positive opportunities for the flourishing of their moral capabilities, and that the thwarting of these capabilities (...)
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  31.  32
    Natural Law and Practical Rationality.Dudley Knowles - 2003 - Mind 112 (447):555-558.
    This essay argues that Mark C. Murphy's original contribution to natural law ethics succeeds in finding a way between older metaphysical and newer purely practical approaches in this genre. Murphy's reconstruction of the function argument, critique of subjectivist theories of well-being, and rigorous formulation of a flexible welfarist theory of value deserve careful attention. I defend Kant against Murphy's critique and argue that Murphy faces the problem of showing that all his basic goods are morally inviolable. Although I endorse (...)
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  32.  16
    Social choice and the indexing dilemma.Marc Fleurbaey - unknown
    This paper distinguishes an index ordering and a social ordering function as a simple way to formalize the indexing problem in the social choice framework. Two main conclusions are derived. First, the alleged dilemma between welfarism and perfectionism is shown to involve a third possibility, exemplified by the fairness approach to social choice. Second, the idea that an individual is better off than another whenever he has more (goods, functionings, etc.) in all dimensions, which is known to enter in (...)
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  33. The Asymmetry, Uncertainty, and the Long Term.Teruji Thomas - 2019 - Philosophy and Phenomenological Research (2):470-500.
    The asymmetry is the view in population ethics that, while we ought to avoid creating additional bad lives, there is no requirement to create additional good ones. The question is how to embed this intuitively compelling view in a more complete normative theory, and in particular one that treats uncertainty in a plausible way. While arguing against existing approaches, I present new and general principles for thinking about welfarist choice under uncertainty. Together, these reduce arbitrary choices to uncertainty-free ones, (...)
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  34. Extensive Measurement in Social Choice.Jacob M. Nebel - forthcoming - Theoretical Economics.
    Extensive measurement is the standard measurement-theoretic approach for constructing a ratio scale. It involves the comparison of objects that can be concatenated in an additively representable way. This paper studies the implications of extensively measurable welfare for social choice theory. We do this in two frameworks: an Arrovian framework with a fixed population and no interpersonal comparisons, and a generalized framework with variable populations and full interpersonal comparability. In each framework we use extensive measurement to introduce novel domain restrictions, (...)
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  35. Why the Repugnant Conclusion is Inescapable.Mark Budolfson & Dean Spears - unknown
    The spectre of the repugnant conclusion and the search for a population axiology that avoids it has endured as a focus of population ethics. This is in part because the repugnant conclusion is often interpreted as a defining problem for totalism, while the implications of averagism and related views are taken to illustrate the theoretical cost of avoiding the repugnant conclusion. However, we show that this interpretation cannot be sustained unless one focuses only on a special case of the repugnant (...)
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  36.  19
    Cyber-Green: idealism in the information age.Alistair S. Duff - 2015 - Journal of Information, Communication and Ethics in Society 13 (2):146-164.
    Purpose– This paper aims to retrieve relevant aspects of the work of idealist thinker T.H. Green to improve comprehension of, and policy responses to, various dilemmas facing contemporary “information societies”.Design/methodology/approach– The paper is an exercise in interdisciplinary conceptual research, seeking a new synthesis that draws upon a range of ethical, metaphysical, empirical and policy texts and ideas. It is an application of moral and political principles to post-industrial problems, part of an ongoing international effort to develop viable normative approaches (...)
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  37.  4
    When does attachment to natural resources count?Virginia De Biasio - forthcoming - Critical Review of International Social and Political Philosophy.
    This paper proposes an original account, based on the capabilities approach, that explains which kinds of attachment to natural resources are sufficiently morally weighty to give rise to special resource rights. The paper provides a critique of current attachment theories, which fail to provide a clear way to differentiate between what is a preference and what is a legitimate attachment, and thereby justify overreaching resource rights. It then examines Armstrong’s welfarist account of natural resources justice, and argues that (...)
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  38.  41
    A Critical Review of Natural Law and Practical Rationality.John J. Davenport - 2003 - International Philosophical Quarterly 43 (2):229-239.
    This essay argues that Mark C. Murphy's original contribution to natural law ethics succeeds in finding a way between older metaphysical and newer purely practical approaches in this genre. Murphy's reconstruction of the function argument, critique of subjectivist theories of well-being, and rigorous formulation of a flexible welfarist theory of value deserve careful attention. I defend Kant against Murphy's critique and argue that Murphy faces the problem of showing that all his basic goods are morally inviolable. Although I endorse (...)
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  39.  14
    Semiotic dimensions of human attitudes towards other animals.Nelly Maekivi & Timo Maran - 2016 - Sign Systems Studies 44 (1-2):209-230.
    This paper analyses the cultural and biosemiotic bases of human attitudes towards other species. A critical stance is taken towards species neutrality and it is shown that human attitudes towards different animal species differ depending on the psychological dispositions of the people, biosemiotic conditions (e.g. umwelt stuctures), cultural connotations and symbolic meanings. In real-life environments, such as zoological gardens, both biosemiotic and cultural aspects influence which animals are chosen for display, as well as the various ways in which they are (...)
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  40. Existence Value, Preference Satisfaction, and the Ethics of Species Extinction.Espen Dyrnes Stabell - 2019 - Environmental Ethics 41 (2):165-180.
    Existence value refers to the value humans ascribe to the existence of something, regard­less of whether it is or will be of any particular use to them. This existence value based on preference satisfaction should be taken into account in evaluating activities that come with a risk of species extinction. There are two main objections. The first is that on the preference satisfaction interpretation, the concept lacks moral importance because satisfying people’s preferences may involve no good or well-being for them. (...)
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  41.  58
    Risk imposition and freedom.Maria P. Ferretti - 2016 - Politics, Philosophy and Economics 15 (3):261-279.
    Various authors hold that what is wrong with risk imposition is that being at risk diminishes the opportunities available to an agent. Arguably, even when risk does not result in material or psychological damages, it still represents a setback in terms of some legitimate interests. However, it remains to be specified what those interests are. This article argues that risk imposition represents a diminishment of overall freedom. Freedom will be characterized in empirical terms, as the range of unimpeded actions available (...)
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  42.  27
    Artificial Intelligence (AI) in Islamic Ethics: Towards Pluralist Ethical Benchmarking for AI.Ezieddin Elmahjub - 2023 - Philosophy and Technology 36 (4):1-24.
    This paper explores artificial intelligence (AI) ethics from an Islamic perspective at a critical time for AI ethical norm-setting. It advocates for a pluralist approach to ethical AI benchmarking. As rapid advancements in AI technologies pose challenges surrounding autonomy, privacy, fairness, and transparency, the prevailing ethical discourse has been predominantly Western or Eurocentric. To address this imbalance, this paper delves into the Islamic ethical traditions to develop a framework that contributes to the global debate on optimal norm setting for (...)
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  43. Concepts of Animal Welfare in Relation to Positions in Animal Ethics.Kirsten Schmidt - 2011 - Acta Biotheoretica 59 (2):153-171.
    When animal ethicists deal with welfare they seem to face a dilemma: On the one hand, they recognize the necessity of welfare concepts for their ethical approaches. On the other hand, many animal ethicists do not want to be considered reformist welfarists. Moreover, animal welfare scientists may feel pressed by moral demands for a fundamental change in our attitude towards animals. The analysis of this conflict from the perspective of animal ethics shows that animal welfare science and animal ethics highly (...)
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  44.  87
    Worlds, Capabilities and Well-Being.H. E. Baber - 2010 - Ethical Theory and Moral Practice 13 (4):377-392.
    Critics suggest that without some "objective" account of well-being we cannot explain why satisfying some preferences is, as we believe, better than satisfying others, why satisfying some preferences may leave us on net worse off or why, in a range of cases, we should reject life-adjustment in favor of life-improvement. I defend a subjective welfarist understanding of well-being against such objections by reconstructing the Amartya Sen's capability approach as a preferentist account of well-being. According to the proposed account (...)
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  45. Consequentialism, reasons, value and justice.Julian Savulescu - 1998 - Bioethics 12 (3):212–235.
    Over the past 10 years, John Harris has made important contributions to thinking about distributive justice in health care. In his latest work, Harris controversially argues that clinicians should stop prioritising patients according to prognosis. He argues that the good or benefit of health care is providing each individual with an opportunity to live the best and longest life possible for him or her. I call this thesis, opportunism. For the purpose of distribution of resources in health care, Harris rejects (...)
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  46.  11
    Prioritarianism and uncertainty: on the interpersonal addition theorem and the priority view.Wlodek Rabinowicz - 2001 - In Dan Egonsson (ed.), Exploring Practical Philosophy: From Action to Values. Ashgate. pp. 139-165.
    This paper takes its departure from the Interpersonal Addition Theorem. The theorem, by John Broome, is a re-formulation of the classical result by Harsanyi. It implies that, given some seemingly mild assumptions, the overall utility of an uncertain prospect can be seen as the sum of its individual utilities. In sections 1 and 2, I discuss the theorem’s connection with utilitarianism and in particular the extent to which this theorem still leaves room for the Priority View. According to the latter, (...)
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  47.  23
    Elements for a Normative Theory of Privatization.Rutger Claassen - 2024 - Erasmus Journal for Philosophy and Economics 16 (2):107-135.
    Heath’s paper on privatization defends a broadly welfarist-economic approach in thinking about the legitimacy of privatizations. This approach is ‘instrumentalist’ (in contrast to deontological approaches). In this response, I accept the value of an instrumentalist approach to privatization, but argue against Heath’s welfarist version of it, and argue in favor an alternative. First, the ends we seek when thinking about socially vital goods (our theory of public interests) should go beyond Pareto-efficiency. Second, as to the (...)
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  48.  34
    The value of law.Katharina Pistor - 2020 - Theory and Society 49 (2):165-186.
    Much has been written about the value of law, mostly in ideational terms. In this article, I draw attention to law’s pecuniary value. Law, I argue, is the very stuff from which many wealth generating, or capital, assets are made, foremost among them intangible assets that account for most of the private wealth today. For law to serve as a fountain of wealth, it must be backed by state power, and indeed, sovereign states have been more than willing to offer (...)
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    Three models for the regulation of polygenic scores in reproduction.Sarah Munday & Julian Savulescu - 2021 - Journal of Medical Ethics 47 (12):e91-e91.
    The past few years have brought significant breakthroughs in understanding human genetics. This knowledge has been used to develop ‘polygenic scores’ which provide probabilistic information about the development of polygenic conditions such as diabetes or schizophrenia. They are already being used in reproduction to select for embryos at lower risk of developing disease. Currently, the use of polygenic scores for embryo selection is subject to existing regulations concerning embryo testing and selection. Existing regulatory approaches include ‘disease-based' models which limit embryo (...)
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    Searching for the Long-Lost Soul of Article 82EC.Pinar Akman - 2009 - Oxford Journal of Legal Studies 29 (2):267-303.
    This article has two interrelated purposes, one of historical and one of contemporary significance. It first seeks to challenge the common view in the literature that Article 82EC is a product of ordoliberalism. This is done by directly examining the travaux préparatoires of the competition rules of the EC Treaty to discover the intent of the drafters of Article 82EC. This inquiry is important for a modernized approach to Article 82EC since it must be determined whether Article 82EC can (...)
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