The COVID-19 pandemic has raised a host of ethical challenges, but key among these has been the possibility that health care systems might need to ration scarce critical care resources. Rationing p...

Opponents of abortion sometimes hold that it is impermissible because fetuses are persons from the moment of conception. But miscarriage, which ends up to 89 % of pregnancies, is much deadlier than abortion. That means that if opponents of abortion are right, then miscarriage is the biggest public-health crisis of our time. Yet they pay hardly any attention to miscarriage, especially very early miscarriage. Attempts to resolve this inconsistency by adverting to the distinction between killing and letting die or to (...) the difficulty of preventing miscarriage fail, leaving a dilemma. Opponents of abortion should either advocate a substantial shift in our political and medical priorities or else give up the view that fetuses are persons from the moment of conception. (shrink)

This article offers a justification for accommodating claims of conscience. The standard justification points to the pain that acting against one’s conscience entails. But that defense cannot make sense of the state’s refusal to accommodate individuals where the law interferes with their deeply meaningful but nonmoral projects. An alternative justification, we argue, arises once one recognizes the connection between conscience and moral address: One’s lived moral convictions determine when and with what force one can hold others to account. Acting against (...) one’s convictions can undermine one’s standing to blame others who act in similar ways. When the state compels someone to act against conscience, it renders her complicit in conduct she takes to be wrong and thereby impairs her ability to condemn similar conduct in the future, in a manner akin to the hypocrite. The reason the state should not compel people to act against conscience, then, is that doing so would undercut their moral standing. (shrink)

In “The Standing to Blame: A Critique” (2013), Macalester Bell challenges theories that claim that ‘standing’ plays a central role in blaming practices. These standard accounts posit that it is not enough for the target of blame to be blameworthy; the blamer also must have the proper standing to blame the wrongdoer. Bell identifies and criticizes four different standing conditions, (1) the Business Condition, (2) the Contemporary Condition, (3) the Nonhypocricy Condition, and (4) the Noncomplicity Condition. According to standard accounts, (...) these conditions must be met in order for a would-be blamer to properly blame a wrongdoer. In this paper, I defend the Business Condition against Bell’s critique. My argument, then, is that some version of the standard account survives and ‘standing’ should be part of our theory of properly-wielded blame. I conclude by raising two additional concerns regarding the agency of blamers and the possibility that, without proper standing, a blamer could make things worse. (shrink)

The effective altruism movement (EA) is one of the most influential philosophically savvy movements to emerge in recent years. Effective Altruism has historically been dedicated to finding out what charitable giving is the most overall-effective, that is, the most effective at promoting or maximizing the impartial good. But some members of EA want the movement to be more inclusive, allowing its members to give in the way that most effectively promotes their values, even when doing so isn’t overall-effective. When we (...) examine what it means to give according to one’s values, I argue, we will see that this is both inconsistent with what EA is like now and inconsistent with its central philosophical commitment to an objective standard that can be used to critically analyze one’s giving. While EA is not merely synonymous with act utilitarianism, it cannot be much more inclusive than it is right now. (shrink)

In this essay I explore how travel and border-crossing for abortion care constitutes a challenge to methodological nationalism, which serves to obscure such experiences from view. Drawing up field research conducted at two abortion clinics in Albuquerque, New Mexico, I also explore some implications of regarding pregnant people who travel for abortion care as a type of migrant, even if they are U.S. citizens and legal residents. Finally, I assess how this discursive shift can make important contributions to pandemic and (...) migration ethics. (shrink)

This essay develops a concept of curiotization, through which people are reduced to a curio for the fascination of others. I argue that trans people as they have appeared in media, philosophy, and narratives of history are curiotized as forever fascinating, new, titillating, and controversial. In contrast to the narrative of momentous trans progress in the mid-2010s, I point out that frameworks such as the "Transgender Tipping Point" worked to position its "trans moment" as unprecedented and always on the threshold (...) of arrival. To work through a specific example, I point to decades of renewed fascination over trans women being capable of breastfeeding and the long history of trans fascination in popular music. I conclude by emphasizing the obscured world-historical presence of transsexuality as it coincides with the history of pharmaceuticals, hormone technologies, and birth control. In contrast to a "goldfish memory optics" through which trans people become eternally new, fascinating, and debatable, I stress the importance of restoring the complexity of "trans" and its histories back into an understanding of the present. (shrink)

Drawing on a landscape analysis of existing data-sharing initiatives, in-depth interviews with expert stakeholders, and public deliberations with community advisory panels across the U.S., we describe features of the evolving medical information commons. We identify participant-centricity and trustworthiness as the most important features of an MIC and discuss the implications for those seeking to create a sustainable, useful, and widely available collection of linked resources for research and other purposes.

Certain kinds of prediction, foreknowledge, and future‐oriented action appear to require settled future truths. But open futurists think that the future is metaphysically unsettled: if it is open whether p is true, then it cannot currently be settled that p is true. So, open futurists—and libertarians who adopt the position—face the objection that their view makes rational action and deliberation impossible. I defuse the epistemic concern: open futurism does not entail obviously counterintuitive epistemic consequences or prevent rational action.

I offer a new, limited solution to divine hiddenness based on a particular epistemic paradox: sometimes, knowing about a desired outcome or relevant features of that desired outcome would prevent the outcome in question from occurring. I call these cases epistemically self-defeating situations. This solution, in essence, says that divine hiddenness or silence is a necessary feature of at least some morally excellent or desirable states of affairs. Given the nature of the paradox, an omniscient being cannot completely eliminate hiddenness, (...) just as an omnipotent being cannot create a rock so heavy that they cannot lift it. Epistemically self-defeating situations provide an undercutting defeater for the assumption that any nonresistant nonbeliever could always, at any time, be in conscious relationship with a perfectly loving God. Thankfully, silence is a temporary feature of epistemically self-defeating situations: once the outcome is achieved, agents can know in full. (shrink)

Morally supererogatory actions are traditionally conceived of as actions that are nonobligatory but distinctively morally worthy. Here I challenge the assumption that supererogatory actions are distinctively praiseworthy and offer an alternative definition of moral supererogation. This alternative definition complements, and is complemented by, a novel account of moral praiseworthiness, which I call the Two-Step view. My Two-Step view of moral worth, which I develop in some detail, accounts for currently underappreciated features of moral praiseworthiness.

Although unprecedented in scope and beyond all our life experiences, sweeping social distancing measures are not without historical precedent. Historically, racism, stigma, and discrimination resul...

In this paper, we explore the perspectives of expert stakeholders about who owns data in a medical information commons and what rights and interests ought to be recognized when developing a governance structure for an MIC. We then examine the legitimacy of these claims based on legal and ethical analysis and explore an alternative framework for thinking about participants' rights and interests in an MIC.

This essay provides a critical overview of the debate about corporate moral responsibility. Parties to the debate address whether corporations are the kinds of entities that can be blamed when they cause unjustified harm. Proponents of CMR argue that corporations satisfy the conditions for moral agency and so they are fit for blame. Their opponents respond that corporations lack one or more of the capacities necessary for moral agency. I review the arguments on both sides and conclude ultimately that what (...) divides the two is not so much competing conceptions of the corporation as it is disagreement about what moral agency requires. Homing in on the real site of contention will, it is hoped, allow future participants in the debate to focus their efforts more productively. (shrink)

When we can’t live up to the ultimate standards of morality, how can moral theory give us guidance? We can distinguish between ideal and non-ideal theory to see that there are different versions of the voluntarist constraint, ‘ought implies can.’ Ideal moral theory identifies the best standard, so its demands are constrained by one version. Non-ideal theory tells us what to do given our psychological and motivational shortcomings and so is constrained by others. Moral theory can now both provide an (...) ultimate standard and give us guidance; this view also gives us new insights into demandingness and blame. (shrink)

The article reflects on where AI is headed and the world along with it, considering trust, ethics and safety. Implicit in artificial thinking and doomsday appraisals is the engineered divorce from reality of sublime human embodiment. Jeffrey White, Dietrich Brandt, Jan Soeffner, and Larry Stapleton, four scholars associated with AI & Society, address these issues, and more, in the following exchange.

What is the best way to make sustained societal progress over time? Non-ideal theory done on its own faces the problem of second best, but ideal theory seems unable to cope with disagreement about how to make progress. If ideal theory gives up its claims to completeness, then we can use the method of incompletely theorized agreements to make progress over time.

Current, prevalent models of the food system, including complex-adaptive systems theories and commodity-as-relation thinking, have usefully analyzed the food system in terms of its elements and relationships, confronting persistent questions about a system’s identity and leverage points for change. Here, inspired by Heldke’s analysis, we argue for another approach to the “system-ness” of food that carries those key questions forward. Drawing on Niklas Luhmann’s systems theory, we propose a model of the food system defined by the relational process of feeding (...) itself; that is, the food system is made of feeding and only feeding, and system structures are produced by the coupling of that process to its various contexts. We argue that this approach moves us away from understandings of the food system that take structures and relations as given, and sees them instead as contingent, thereby helping to identify leverage points for food system change. The new approach we describe also prompts us as critical agrifood scholars to be constantly reflexive about how our analyses are shaped by our own assumptions and subjectivities. (shrink)

Although much work has been done on Kant’s theory of moral agency, little explored is the possibility of a Kantian account of the moral agency of groups or collectives that comprise individual human beings. The aim of this paper is to offer a Kantian account of collective moral agency that can explain how organized collectives can perform moral actions and be held morally responsible for their actions. Drawing on Kant’s view that agents act by incorporating an incentive into their maxims, (...) it is argued that groups of agents can engage in practical deliberation in much the same way individual agents can, resulting in the formulation of a distinctive “group maxim” for which the group, as such, can be morally responsible. (shrink)

This article examines the productive capacity of emotion through the concept of emotional fundamentalism. Emotional fundamentalism combines several key concepts—fundamentalism, affective labor, biopolitics, and capitalism’s contradictions—developed by Michael Hardt and Antonio Negri in Empire, Multitude, and Commonwealth to describe the intensified attention to the body in education. I investigate the implications of the increased organizational and corporate interest in emotion using an ongoing socio-emotional learning study and the introduction of artificial intelligence aggression detectors in schools. Doing so demonstrates the tendency (...) of Empire to manage emotions in order to ensure viable production by educating the body as data and human capital. However, though Empire depends on emotions as a resource, these same emotions display a creative unruliness that exposes potential avenues to reproduce the common and enact multitude. (shrink)

This essay considers the dependency of trans youth by bridging transgender studies with feminist care ethics to emphasize a trans wisdom about solidarity through dependency. The first major section of the essay argues for reworking Sara Ruddick's philosophy of mothering in the context of trans and gender‐creative youth. This requires, first, stressing a more robust interaction among her divisions of preservative love, nurturance for growth, and training for acceptability, and second, creating a more nuanced account of “nature” in relation to (...) nurturance for growth to avoid casting transition as contrary to a trans youth's healthy development. In the second major section of the essay, I depart from Ruddick's framework to emphasize the difference of care for trans youth by trans and/or queer communities and through mutual caregiving, stressing a trans wisdom about dependency and solidarity found in the work of Sylvia Rivera and Marsha P. Johnson. Turning to Eva Feder Kittay's links between dependency work and equality, I argue that Rivera and Johnson's work contains a distinct knowledge derived from practice necessitating the connection between solidarity and dependency in particular communities. I then call for more work on trans care ethics, trans ethics, and trans wisdom more broadly. (shrink)

In this article, I argue that persons suffering from Body Integrity Identity Disorder (BIID) can give informed consent to surgical measures designed to treat this disorder. This is true even if the surgery seems radical or irrational to most people. The decision to have surgery made by a BIID patient is not necessarily coerced, incompetent or uninformed. If surgery for BIID is offered, there should certainly be a screening process in place to insure informed consent. It is beyond the scope (...) of this work, however, to define all the conditions that should be placed on the availability of surgery. However, I argue, given the similarities between BIID and gender dysphoria and the success of such gatekeeping measures for the surgical treatment of gender dysphoria, it is reasonable that similar conditions be in place for BIID. Once other treatment options are tried and gatekeeping measures satisfied, A BIID patient can give informed consent to radical surgery. (shrink)

Scholars addressing the moral status of corporations are motivated by a pair of conflicting anxieties: If corporations are not moral agents, we will be unable to blame them for their wrongs. But if corporations are moral agents, we will have to recognize corporate moral rights, and the legal rights that flow therefrom. In early and under-appreciated work, Tom Donaldson sought to allay both concerns at once: Corporations, he argued, are not moral persons, and so are not eligible for many of (...) the rights that persons enjoy; but they are moral agents, and so ought to bear responsibility in many of the ways that persons do. This article offers a sympathetic critique of the Donaldsonian strategy. I argue that, as it has been elaborated, the strategy necessarily fails. Nonetheless the strategy embodies a worthy aim and so I seek to provide an alternative way to vindicate it. (shrink)

First-generation college students are a unique population of undergraduates with different backgrounds, strengths, and challenges compared to their continuing generation (not first-generation) peers. These students have the potential to perform well as novice philosophers but may require some additional supports. First-generation students are especially at risk for not being retained by their university at the end of their first year. Given that introductory philosophy courses tend to be taken by first-year students, instructors of these courses can impact student retention, both (...) at the institution and within the discipline. This essay outlines the characteristics of first-generation students, the role instructors play in their success, and specific considerations for working with this undergraduate population in introductory philosophy classrooms. (shrink)

One of the central pedagogical strategies employed in the "Analects" consists in the suggestion of models worthy of emulation. The text's most robust models, the dramatic personae of the text, emerge as colorful figures with distinctive personal styles of action and behavior. This is especially so in the case of Confucius himself. In this essay, two particularly notable features of Confucius' style are considered. The first, what is termed "everyday" style, consists in Confucius' unusual command of conventional norms in ordinary (...) circumstances; the second, termed "deviant" style, consists in Confucius' occasional and sometimes puzzling departures from conventional norms. The combind effect of these two aspects of Confucius' personal style is shown to yield a productive pedagogical tension for the moral learner who would emulate, but cannot imitate, Confucius. (shrink)

While Okin's feminist appropriation of Rawls's theory of justice requires that principles of justice be applied directly to the family, Rawls seems to require only that the family be minimally just. Rawls's recent proposal dulls the critical edge of liberalism by capitulating too much to those holding sexist doctrines. Okin's proposal, however, is insufficiently flexible. An alternative account of the relation of the political and the nonpolitical is offered by Jürgen Habermas.

Some of the world’s best-loved films can be used as springboards for examining enduring philosophical questions. Philosophy Through Film provides guidance on how to watch films with an eye for their philosophical content, helping students become familiar with key topics in all of the major areas in Western philosophy, and helping them to master the techniques of philosophical argumentation. -/- The perfect size and scope for a first course in philosophy, Philosophy Through Film assumes no prior knowledge of philosophy. It (...) is an excellent teaching resource and learning tool, introducing students to key topics and figures in philosophy through thematic chapters, each of which is linked to one or more “focus films” that illustrate a philosophical problem or topic. -/- This new edition features a new chapter on the mind-body problem. In addition, one new primary reading and nine new focus films have been added. Films examined in depth include: Arrival The Matrix Inception Memento Moon Live, Die, Repeat: Edge of Tomorrow Her Ex Machina Minority Report Beautiful Boy Crimes and Misdemeanors Gone Baby Gone Equilibrium Divergent A Serious Man Silence Ad Astra . (shrink)

Genome-wide association studies raise important ethical and regulatory issues. This is particularly true of the current move toward broad sharing of genomic and phenotypic data. Our survey study examined the opinions of professionals involved in human subjects protection regarding genetic research review. The majority indicated that it is important for their institutional review board to offer guidance about developing and using a data repository or biobank that includes genetic data, and also about sharing this data with other investigators. Only one-third (...) of respondents reported that the National Institutes of Health policy regarding data sharing among researchers in genome-wide association studies is clear. Another third answered that they did not know whether this policy is clear. Findings from this study suggest a need for increased education for IRB professionals regarding the existing data sharing policy, collaboration among IRB professionals and researchers to define best practices, and further empirical research into prospective research participants’ information needs and preferences in the context of wide data sharing. (shrink)

The presence of fetal cells has been associated with both positive and negative effects on maternal health. These paradoxical effects may be due to the fact that maternal and offspring fitness interests are aligned in certain domains and conflicting in others, which may have led to the evolution of fetal microchimeric phenotypes that can manipulate maternal tissues. We use cooperation and conflict theory to generate testable predictions about domains in which fetal microchimerism may enhance maternal health and those in which (...) it may be detrimental. This framework suggests that fetal cells may function both to contribute to maternal somatic maintenance (e.g. wound healing) and to manipulate maternal physiology to enhance resource transmission to offspring (e.g. enhancing milk production). In this review, we use an evolutionary framework to make testable predictions about the role of fetal microchimerism in lactation, thyroid function, autoimmune disease, cancer and maternal emotional, and psychological health.Also watch the Video Abstract. (shrink)

This companion volume focuses on the application and practical ramifications of Indian ethics. It reports on contemporary wide-ranging social and communal challenges facing people in such diverse areas as women and ethics, politics, justice, bioethics and ecology. As a contemporary volume, it builds linkages between existing theories and emerging issues, problems and questions in today's India. The volume brings together contributions from philosophers and contemporary thinkers on practical ethics, exploring both the scope as well as boundaries or limits of ethics (...) when applied to everyday and real-life concerns and challenges facing India in the context of a troubled globalizing world. As such, this collection draws on multiple forms of writing and research, including classical essay form, reportage and interview, critical case studies and textual analyses The book will be of interest to scholars, researchers and students of Indian philosophy, Indian ethics, women's issues, social justice, environmental ethics, bioethics, animal ethics, and cross-cultural responses to dominant Western moral thought. It will also be useful to researchers working on Gandhi, sustainability, ecology, comparative philosophy, and dharma studies. (shrink)

This article explores a perplexing line from Rousseau's Emile: his suggestion that the ‘most important rule’ for the educator is ‘not to gain time but to lose it’. An analysis of what Rousseau meant by this line, the article argues, shows that Rousseau provides the philosophical groundwork for a radical critique of the contemporary cultural framework that supports homework, standardised testing, and the competitive extracurricular activities that consume children's time. He offers important insights to contemporary parents and educators wishing to (...) reimagine an educational system that is currently fuelled more by familial and international amour propre than by children's interests and needs. Not the least of these is his recognition that to reimagine children's education would require a new configuration of the very terms of modern life. Problematically, however, Rousseau's alternative to mechanised clock-time depends on the labour of Sophie, whose time is also reconfigured. For the next generation of children to be educated according to natural time, Sophie's labour needs to be off the clock too, which is just as much a linchpin of her removal from the public sphere of citizenship and the paid workforce as it is of Emile's education for public life, or so the final section of this paper argues. (shrink)

This essay examines narratives of fundamental change, which portray a break in the continuity between a pre-transition and post-transition transgender subject, in accounts of transgender transitions. Narratives of fundamental change highlight the various changes that occur during transition and its disruptive effects upon a trans subject’s continuous identity. First, this essay considers the historical appearance of fundamental change narratives in the social sciences, the media, and their use by families of trans people, partners of trans people, and trans people themselves. (...) After this is a consideration of Mark Johnson’s account of narrative as a meaning-making activity that occurs in the context of social norms. Johnson’s account is then applied to narratives of fundamental change to explain why these narratives occur, especially in relation to social norms and lived experience. The essay concludes by considering the trajectory of fundamental change narratives, looking at emerging transgender narratives, which stress a more integrated, complex account of transgender lives. (shrink)

_This essay outlines the author’s professional trajectory, a good portion of which is a journey through what historian Richard M. Morse called “the strange career of Latin American Studies.” The author’s intellectual interests span several fields but center most often at the intersections of philosophy, women’s and gender studies, and Spanish and Latin American letters. Further channeling Morse, what one’s occupation is called, is far less important than doing one’s work with _cha cha chá.

This paper investigates the state of the law in Canada in regards to a public health emergency, and in particular the jurisdictional logic that might come into effect were a public health emergency to occur. Although there has yet to be a national public health emergency in Canada, threats of such crises are likely to arise in the future. It is therefore recognised as necessary to address Canada’s legal preparedness for a public health emergency and evaluate proposed reforms to the (...) legal structure that could facilitate response. This paper contributes to this goal by identifying multiple jurisdictional factors that could inform legal interpretations in a public health emergency. It considers how the legal system and the courts are dealing with public health as a national security issue while taking into account s. 7 of the Canadian Charter. It also looks at the power of the government defined in the Emergencies Act [1985, c. 22] and a proposed legal reform that would make it easier for the government to act unilaterally in a public health emergency. The paper draws on the legal theory of Robert Cover to analyse the hermeneutics of jurisdiction that characterise legal interpretations of public health in Canada, as well as the relationship between jurisdiction and legal violence that these hermeneutics imply. It then develops a case study of the use of medical triage in a public health emergency to explore the possibility of holding the state liable under private law for harm caused to individuals by public health decisions. The paper concludes by suggesting that the state’s public health power can be conceptualised as a form of legal violence and that the courts in Canada should adopt a jurisgenerative approach to legal interpretation in the area of public health. (shrink)