A brief foray into a moral thicket, exploring why we should protect nature despite tsunamis, malaria, bird flu, cancer, killer asteroids, and tofu. Most of us think that in order to be environmentalists, we have to love nature. Essentially, we should be tree huggers—embracing majestic redwoods, mighty oaks, graceful birches, etc. We ought to eat granola, drive hybrids, cook tofu, and write our appointments in Sierra Club calendars. Nature's splendor, in other words, justifies our protection of it. But, asks (...) class='Hi'>Benjamin Hale in this provocative book, what about tsunamis, earthquakes, cancer, bird flu, killer asteroids? They are nature, too. For years, environmentalists have insisted that nature is fundamentally good. In The Wild and the Wicked, Benjamin Hale adopts the opposite position—that much of the time nature can be bad—in order to show that even if nature is cruel, we still need to be environmentally conscientious. Hale argues that environmentalists needn't feel compelled to defend the value of nature, or even to adopt the attitudes of tree-hugging nature lovers. We can acknowledge nature's indifference and periodic hostility. Deftly weaving anecdote and philosophy, he shows that we don't need to love nature to be green. What really ought to be driving our environmentalism is our humanity, not nature's value. Hale argues that our unique burden as human beings is that we can act for reasons, good or bad. He claims that we should be environmentalists because environmentalism is right, because we humans have the capacity to be better than nature. As humans, we fail to live up to our moral potential if we act as brutally as nature. Hale argues that despite nature's indifference to the plight of humanity, humanity cannot be indifferent to the plight of nature. (shrink)

In this paper, we present an argument strengthening the view of Norman Daniels, Bruce Kennedy and Ichiro Kawachi that justice is good for one's health. We argue that the pathways through which social factors produce inequalities in sleep more strongly imply a unidirectional and non-voluntary causality than with most other public health issues. Specifically, we argue against the 'voluntarism objection' – an objection that suggests that adverse public health outcomes can be traced back to the free and voluntary choices of (...) individual actors. Our argument proceeds along two lines: an empirical line and a conceptual line. We first show that much of the empirical research on sleep supports the view that those with fewer opportunities are those who have poorer sleep habits. We then argue that sleep-related decisions are not of the same nature as most other lifestyle choices, and therefore are not as easily susceptible to the voluntarism objection. (shrink)

A "moral hazard" is a market failure most commonly associated with insurance, but also associated by extension with a wide variety of public policy scenarios, from environmental disaster relief, to corporate bailouts, to natural resource policy, to health insurance. Specifically, the term "moral hazard" describes the danger that, in the face of insurance, an agent will increase her exposure to risk. If not immediately clear, such terminology invokes a moral notion, suggesting that changing one's exposure to risk after becoming insured (...) is morally problematic. This paper challenges that position. It argues that there is nothing inherently moral about the moral hazard. It does so by arguing against three proposed claims regarding the wrongness of the moral hazard: first, the view that conceives of it as deception; then, the view that conceives of it as cheating; and finally, the view that conceives of it as stealing. (shrink)

When Donald Trump was elected the 45th president of the United States in November 2016, many observers in the U.S. and international environmental communities began voicing concerns about the range...

This book offers a collection of contemporary essays that explore philosophical themes at work in chess. This collection includes essays on the nature of a game, the appropriateness of chess as a metaphor for life, and even deigns to query whether Garry Kasparov might—just might—be a cyborg. In twelve unique essays, contributed by philosophers with a broad range of expertise in chess, this book poses both serious and playful questions about this centuries-old pastime. -/- Perhaps more interestingly, philosophers have often (...) used chess in discussions of their work. Walter Benjamin compares the marching of history to an automaton playing chess. John Dewey and Charles Sanders Peirce utilize chess to explain their pragmatism. The linguist Ferdinand de Saussure employs the analogy of chess to explain the exchange of signifiers. There are approximately 181 uses of the word chess or one of its cognates in the published works of Ludwig Wittgenstein. John Rawls explains that one might want to make a distinction between constitutive and regulative rules, which can best be understood by examining a game of chess. John Searle, deeply convinced of this distinction, explains further: "The rules of football or chess are given as an example of constitutive rules because they 'create the very possibility of playing such games.'" Hubert Dreyfus and Daniel Dennett have had extensive public discussions about the issue of artificial intelligence and chess. Dreyfus, utilizing chess examples, has written extensively on what computers still cannot do. Meanwhile, in spite of his protestations, chess-playing computers continue to fascinate those who work in the area of artificial intelligence. -/- The game of chess has endured since at least the sixth century. Its earliest variant, the Indian game of Chaturanga, was from the beginning a game for thinkers. Since its inception, scholars, statesmen, strategists, and warriors have been fascinated by the game and its variants. German philosopher Emmanuel Lasker and famed French artist Marcel Duchamp were both Grandmasters at chess. Karl Marx played chess avidly, as did Sir Bertrand Russell, Jean-Paul Sartre, and the logical positivist Max Black. Jean-Jacques Rousseau mentions in his Confessions that, at the time, he "had another expedient, not less solid, in the game of chess, to which I regularly dedicated, at Maugis's, the evenings on which I did not go to the theater. I became acquainted with M. de Legal, M. Husson, Philidor, and all the great chess players of the day, without making the least improvement in the game." More recently, philosopher Stuart Rachels reports that his father, the late philosopher and prominent ethicist James Rachels, received a bribe from a Russian Grandmaster while he was the chair of the U.S. Chess Federation's Ethics committee. -/- "Whether you’re a professional philosopher, an armchair chess player, or something in between, Philosophy Looks at Chess gives you hours of thought-provoking reading. With chapters on technology, ethics, hip hop, and backward analysis, this book carves out a new space in the literature on both chess and philosophy" -/- —Jennifer Shahade, two-time U.S. Women's Champion and author of Chess Bitch -/- "Chess and philosophy are natural mates that have been awaiting the proper introduction. This wide-ranging collection of stimulating essays is the perfect opening gambit for philosophical chess enthusiasts." -/- —Will Dudley, author of Hegel, Nietzsche, and Philosophy: Thinking Freedom. (shrink)

This article argues that teachers of environmental ethics must more aggressively entertain questions of private property in their work and in their teaching. To make this case, it first introduces the three primary positions on property: occupation arguments, labor theory of value arguments, and efficiency arguments. It then contextualizes these arguments in light of the contemporary U.S. wise-use movement, in an attempt to make sense of the concerns that motivate wise-use activists, and also to demonstrate how intrinsic value arguments miss (...) the mark. Finally, it offers some suggestions about further directions for environmental ethics, reasoning that there is a good deal of headway to be gained for environmental ethics by accepting that nature can be owned as property, but nevertheless engaging the idea of private property critically. (shrink)

In this paper I present the position that the use of face recognition technology (FRT) in law enforcement and in business is restrictive of individual autonomy. I reason that FRT severely undermines autonomous self-determination by hobbling the idea of freedom of the will. I distinguish this position from two other common arguments against surveillance technologies: the privacy argument (that FRT is an invasion of privacy) and the objective freedom argument (that FRT is restrictive of one's freedom to act). To make (...) this case, I suggest that autonomy itself is predicated on the possibility of acting ethically, of freely willing moral laws. I then claim that autonomous self-determination is established as self-determination via social interactions with others. If we conceptualize self-determination as a relation of establishing a claim to individual autonomy in a community of others, we can see how planned uses of FRT subvert possibilities for the establishment of socially recognized agency. FRT not only confuses the process of asking ethical questions but it also imposes the immanent likelihood that all actions are taken not by self-directed, free agents, but by passive subjects in the interest of abiding by the institutionally enforced law. (shrink)

The problem of feeling guilty about a pregnancy loss is suggested to be primarily a moral matter and not a medical or psychological one. Two standard approaches to women who blame themselves for a loss are first introduced, characterised as either psychologistic or deterministic. Both these approaches are shown to underdetermine the autonomy of the mother by depending on the notion that the mother is not culpable for the loss if she "could not have acted otherwise". The inability to act (...) otherwise is explained as not being as strong a determinant of culpability as it may seem at first. Instead, people’s culpability for a bad turn of events implies strongly that they have acted for the wrong reasons, which is probably not true in the case of women who have experienced a loss of pregnancy. The practical conclusion of this paper is that women who feel a sense of guilt in the wake of their loss have a good reason to reject both the psychologistic and the deterministic approaches to their guilt—that they are justified in feeling upset about what has gone wrong, even responsible for the life of the child, but are not culpable for the unfortunate turn of events. (shrink)

Recent advancements in stem-cell research have given scientists hope that new technologies will soon enable them to grow a variety of organs for transplantation into humans. Though such developments are still in their early stages, romantic prognosticators are hopeful that scientists will be capable of growing fully functioning and complex organs, such as hearts, kidneys, muscles, and livers. This raises the question of whether such profound medical developments might have other potentially fruitful applications. In the spirit of innovation, this paper (...) examines the ethical ramifications of a spin-off technology that has just begun being considered by scientists and enthusiastic entrepreneurs: animal organs grown, independently of their host animals, for food. -/- Most importantly, this paper presents the homegrown organs market as a philosopher's Gedankenexperiment come true. By comparing three of the primary arguments against the use of animals for meat production -- Peter Singer's Utilitarianism, Tom Regan's Kantianism, and Cora Diamond's non-cognitivism -- this paper proposes that the case of organs grown in a laboratory for food further accentuates the point that the critical moral difference between an animal and a slab of meat lies in the way in which the animal interacts with us, not in specific attributes or values intrinsic to that animal. It suggests that our main impetus for not eating, and even for protecting, animals ought to be grounded in our sense of who we are, in our own practical identity as ethical agents, which develops over a long course of interactive interrelations with human and non-human others. (shrink)

Designer Biology: The Ethics of Intensively Engineering Biological and Ecological Systems consists of thirteen chapters that address the ethical issues raised by technological intervention and design across a broad range of biological and ecological systems. Among the technologies addressed are geoengineering, human enhancement, sex selection, genetic modification, and synthetic biology.

U.S. conservation policy, both in structure and in practice, places a heavy burden on conservationists to halt development projects, rather than on advocates of development to defend their proposed actions. In this paper, we identify this structural phenomenon in several landmark environmental policies and in practice in the contemporary debate concerning oil drilling in the Arctic National Wildlife Refuge. The burdens placed on conservation can be understood in terms of constraints—as conservation ‘floors’ and degradation ‘ceilings’. At base, these floors and (...) ceilings emerge out of underlying consequentialist commitments that assume that our environmental activity can be justified by appeal primarily to ends. A series of intuition pumps guides our argument to instead shift the conservation discourse away from these consequentialist commitments to more widely justify activities on our public lands. (shrink)

Themes from Ontology, Mind and Logic celebrates Peter Simons’s admirable career. The book contains seventeen essays with themes ranging from metaphysics to phenomenology. The contributions by Fabrice Correia, Bob Hale and Crispin Wright, Ingvar Johansson, Kathrin Koslicki, Uriah Kriegel, Wolfgang Künne, Edgar Morscher, Kevin Mulligan, Maria Elisabeth Reicher, Maria van der Schaar, Benjamin Schnieder, Johanna Seibt, Ted Sider, David Woodruff Smith, Mark Textor and Jan Woleński, tackle the problems that defined Simons’s work and insights into some of today’s (...) most interesting and significant philosophical questions. (shrink)

The rapid development of COVID-19 vaccines in 2020 involved an unprecedented clinical research initiative. The case here involves a Phase I clinical trial of “second-generation” COVID-19 vaccines d...

To vindicate morality against skeptical doubts, Kant must show that agents can be moved to act independently of their sensible desires. Kant must therefore answer a motivational question: how does an agent get from the cognition that she ought to act morally to acting morally? Affectivist interpretations of Kant hold that agents are moved to act by feelings, while intellectualists appeal to cognition alone. To overcome the significant shortcomings of each view, I develop a hybrid theory of motivation. My central (...) interpretive claim is that Kant is a special kind of motivational internalist: on his view, agents are moved to act by a feeling of intellectual pleasure at the prospect of accomplishing a task they have set for themselves, a feeling that originates in free choice. The resulting theory is immune to the challenges facing intellectualism and affectivism, thus strengthening the prospects of Kant’s justification of morality. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with defending (...) his key premises, Yost explains the complicated role that sentencing uncertainty plays in the argument. He concludes by noting some of the flaws in substantive consequentialist and retributivist justifications of capital punishment. (shrink)

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...) one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)

Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...) punished as severely as advantaged ones, even though such punishment is unjust in light of the state’s loss of standing. Second, and more importantly, moral standing arguments prohibit states from blaming advantaged as well as disadvantaged offenders. This unwelcome outcome suggests that standing approaches incorrectly analyze the source of moral misgivings about punishing the disadvantaged. I conclude that those who share such concerns should put standing accounts aside. (shrink)

This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...) applies directly. In the second, judges reasonably believe that one of the sentences within the range is the most proportionate, but can’t identify it with any certainty. In these cases of sentencing uncertainty, judges must be indifferent between their preferred sentence and a softer one, and this indifference triggers MIP. MIP thus frequently mandates some degree of leniency. I conclude with some comments on statistical uncertainty. (shrink)

Secondary findings for adult-onset diseases in pediatric clinical sequencing can benefit parents or other family members. In the absence of data showing harm, it is ethically reasonable for parents to request such information, because in other types of medical decision-making, they are often given discretion unless their decisions clearly harm the child. Some parents might not want this information because it could distract them from focusing on the child's underlying condition that prompted sequencing. Collecting family impact data may improve future (...) policy determinations. (shrink)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

O artigo articula um ponto de convergência entre Foucault e Agamben, de forma a sublinhar uma confluência em seus pensamentos, a saber, a possibilidade de um pertencer nãocomplicado ao profano, ou ao tempo perfeito da experiência humana. PALAVRAS-CHAVE – Agamben. Experiência humana. Filosofia política. Foucault. Modernidade.

I first became aware of bioethics in the spring of 1980. I had spent a thirty‐six‐hour shift shadowing a medical resident, and I was struck that many of the resident's decisions had ethical dimensions. The next day, I came across the Hastings Center Report, and I realized I wanted to explore ethical issues I found implicit in clinical care, even though I still wanted to become a pediatrician. In September 2019, when I attended my first meeting of the U.S. Food (...) and Drug Administration's Pediatric Advisory Committee, as a pediatric pulmonologist, I had the same sense of awe and curiosity that I had forty years ago. What had appeared initially as somewhat technical decisions about the regulation of drug labeling was suffused with ethical questions. The committee was asked to discuss possible changes to the labeling of two previously approved drugs. (shrink)

This review essay looks at Andrew Brei’s edited volume, Ecology, ethics and hope, Candis Callison’s How climate change comes to matter: The communal life of facts, Randall Curren and Ellen Metzger’s Living well now and in the future: Why sustainability matters, Willis Jenkins’ The future of ethics: Sustainability, social justice, and religious creativity, and Byron Williston’s The Anthropocene project: Virtue in the age of climate change. These recent works highlight various normative approaches for engaging with what is often referred to (...) as the Anthropocene. Drawing on virtue ethics, pragmatism, and concepts such as intergenerational justice, they seek to address some of the defining moral challenges of our time: how we should respond to this unprecedented era of anthropogenic climate and environmental change, and what ethical resources we can draw on to guide our response. On a larger level, they reveal how the climate crisis is testing the limits of our current moral systems and helping to drive greater ethical innovation and adaptation in the process. (shrink)

Covid‐19 heralded a natural experiment with telemedicine. My experience as a clinician was very positive, and learning how to use telemedicine has made me a better doctor. Telemedicine has flipped the medical service paradigm; families do not need to conform their busy lives to the medical office workflow. An appointment can be a virtual house call that takes less time for my patient's family and allows me to learn even more about their home. While there are limitations of telemedicine, there (...) are good ethical reasons for clinicians to support the broader use of telehealth, including equity, efficiency, effectiveness, and respecting preferences. Empirical health‐services research that assesses satisfaction, quality, and health outcomes will be necessary to determine the impact of telehealth on a population level to ensure that is used in a way that promotes equity in care. (shrink)

Adolescence is a crucial time for social development, especially for helping and compassionate behaviors; yet brain networks involved in adolescent prosociality and compassion currently remain underexplored. Here, we sought to evaluate a recently proposed domain-general developmental network model of prosocial cognition by relating adolescent functional and structural brain networks with prosocial and compassionate disposition. We acquired resting state fMRI and diffusion MRI from 95 adolescents along with self-report questionnaires assessing prosociality and compassion. We then applied the Network-Based Statistic to inductively (...) investigate whether there is a significant subnetwork related to prosociality and compassion while controlling for age and sex. Based on the Do-GooD model, we expected that this subnetwork would involve connectivity to the ventromedial prefrontal cortex from three domain-general networks, the default mode network, the salience network, and the control network, as well as from the DMN to the mirror neuron systems. NBS revealed a significant functional subnetwork related to prosociality and compassion connecting 31 regions, showing DMN and DLPFC connectivity to the VMPFC; DMN connectivity to mirror neuron systems; and connectivity between the DMN and cerebellum. These findings largely support and extend the Do-GooD model of prosocial cognition in adolescents by further illuminating network-based relationships that have the potential to advance our understanding of brain mechanisms of prosociality. (shrink)

Incidental research findings, as defined in this symposium’s consensus paper, are unexpected findings discovered in the course of research but “beyond the aims of the study.” These include findings generated by research methodology, such as imaging or genetic analysis, findings related to clinical screening for inclusion or exclusion, or direct observations of physical abnormalities or behavior. Decisions about managing incidental research findings involve important ethical considerations regarding a researcher’s obligations to provide care, minimize harms, and respect research participants’ wishes. When (...) the research participant is a child, the triadic relationship between the researcher, child participant, and parent makes these considerations more complicated. (shrink)

Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing x (...) into existence, and what the demonstration of freedom brings into existence is a moral will, a will regulated by the moral law and capable of acting in accordance with it. Since to act morally is to act freely, bringing a moral will into existence actualizes our capacity for freedom and demonstrates that we possess it. To confirm the viability of such a demonstration, Kant must establish that agents can regulate their wills by practical principles, and that practical judgments are efficacious of themselves (i.e., that non-Humean motivational internalism is true). Kant, I argue, is successful on both counts. (shrink)

While Hume has often been held to have been an agnostic or atheist, several contemporary scholars have argued that Hume was a theist. These interpretations depend chiefly on several passages in which Hume allegedly confesses to theism. In this paper, I argue against this position by giving a threshold characterization of theism and using it to show that Hume does not confess. His most important confession does not cross this threshold and the ones that do are often expressive rather than (...) assertive. I then argue that Hume is best interpreted as an atheist. Instead of interpreting Hume as a proto-logical positivist and arguing on the basis of Hume’s theories of meaning and method, I show that textually he appears to align himself with atheism, that his arguments in the Dialogues on Natural Religion support atheism, and that this position is most consistent with Hume’s naturalism. But, I hold that his atheism is soft and therefore distinct from that of his peers like Baron d’Holbach—while Hume really does reject theism, he neither embraces a dogmatically materialist position nor takes up a purely polemical stance towards theism. I conclude by suggesting several ways in which Hume’s atheistic philosophy of religion is relevant to contemporary discussions. (shrink)

Half of the drug offenders incarcerated in the United States are black, even though whites and blacks use and sell drugs at the same rate, and blacks make up only 13 percent of the population. Noncomparativists about retributive justice see nothing wrong with this picture; for them, an offender’s desert is insensitive to facts about other offenders. By contrast, comparativists about retributive justice assert that facts about others can partially determine an offender’s desert. Not surprisingly, comparativists, especially comparative egalitarians, contend (...) that differential punishment is retributively unjust. I agree with this assessment, but take issue with the reasons egalitarians cite in its favor. In this paper, I argue that differential punishment violates retributive justice because it contributes to structural racial oppression. Over the course of developing and defending this claim, I identify the shortcomings of both comparative egalitarianism and respectarianism, which is the most popular and plausible brand of noncomparativism. (shrink)

Genetic testing for cancer susceptibility is an application of biotechnology that has the potential both to improve the psychosocial and physical wellbeing of the population and to cause significant psychosocia1 and physical harms. In spite of the uncertain value of genetic testing, it has captured the interest of biotechnology companies, researchers, health care providers, and the public. As more tests become feasible, pressure may increase to make the tests available and reimbursable. Both the benefits and harms of these tests lie (...) not as much in the tests themselves, as in their power to predict or alter the future. The value of the tests does not derive from the information per se, but from the ability to communicate effectively the information to patients and providers, and the behavioral responses of patients, providers, and others to this information. (shrink)

Andrew Eshleman has argued that atheists can believe in God by being fully engaged members of religious communities and using religious discourse in a non-realist way. He calls this position 'fictionalism' because the atheist takes up religion as a useful fiction. In this paper I critique fictionalism along two lines: that it is problematic to successfully be a fictionalist and that fictionalism is unjustified. Reflection on fictionalism will point to some wider problems with religious anti-realism.

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)

Volume 20, Issue 4, May 2020, Page 102-103.

In deductive theorizing using mathematics as our theorizing tool, nature is known to routinely help us discover new empirical truths about itself, whether we want the help or not (“generative phenomenon”). Why? That’s because, I argue, some of our deductive inference rules are themselves of empirical origin, thereby providing nature with a seemingly-trivial but crucial link to our mind’s reason.

In this paper I argue that Poston and Dougherty's attempt to undermine the problem of divine hiddenness by using the notion of belief de re is problematic at best. They hold that individuals who appear to be unbelievers (because they are de dicto unbelievers) may actually be de re believers. I construct a set of conditions on ascribing belief de re to show that it is prima facie implausible to claim that seemingly inculpable and apparent unbelievers are really de re (...) believers. Thus, while it is indeed possible that a de dicto unbeliever is a de re believer, it is unlikely that this has sufficiently general application to actual individuals to alleviate the problem of divine hiddenness. (shrink)

The Office of Human Research Protections was not justified in issuing findings against the SUPPORT Institutions. Our community can learn from the evolving healthcare transformation into learning health systems by thinking about the novel ethical issues about standard of care research raised by the SUPPORT with the same spirit of quality improvement. The current regulatory framework and the concept of foreseeable research risks is insufficient to advance the debate about the ethics of randomization of standard clinical interventions. This article uses (...) the example of the Wisconsin cystic fibrosis randomized clinical trial for newborn screening trial to explore the distinctions between risks of research and clinical care and waivers of informed consent for randomization. Collaborative exploration of these complex policy issues is needed and further deliberation, community engagement, and social science research will be critical to advance novel approaches for informed consent. (shrink)

The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...) the “noncomparativist challenge,” this chapter argues that Levinasian conceptions of desert enable a theory of penal justice according to which comparative considerations are essential. In so doing, it shows that the noncomparativist challenge can be met. The chapter concludes by considering whether Levinasian conceptions of desert and responsibility show members of socially advantaged groups to be more blameworthy for their wrongdoing than members of disadvantaged groups. (shrink)

Decisions regarding life-sustaining medical treatments for young children with profound disabilities can be extremely challenging for families and clinicians. In this study, Brick and colleagues1 surveyed adult residents of the UK about their attitudes regarding withdrawal of treatment using a series of vignettes of infants with varying levels of intellectual and physical disability, based on real and hypothetical cases.1 This is an interesting study on an important topic. We first highlight the limitations of using these survey data to inform public (...) policy and then offer a different interpretation from the authors’ regarding their findings about the value the public appears to place on relational capacity. The authors asked members of the lay public to interpret a disabled child’s best interest in a series of vignettes. The respondents were 92% white; 59% were atheist or reported no religious affiliation. Though the authors note this lack of diversity as a limitation, we would add that this limitation is particularly problematic in this context. Minority views on this issue may differ significantly from the majority perspective. When the stakes are high, use of public opinion data to directly inform policy requires, at a minimum, a representative sample reflecting both the true diversity of views within the public and a method to justly account for the alternate views of the minority. Even if the sampled population were more …. (shrink)

This essay articulates a convergence between Foucault and Agamben: the possibility of an uncomplicated belonging to the profane, or to the perfect time of human experience. Agamben articulates a sense of experience as experience that “tears me from myself,” that points to a transformed conception of the world and a body and that connects his thinking to Foucault’s. This article places Agamben with Foucault outside of the alternative between messianism and pessimism. In the “perfect time of human experience,” in potentiality, (...) possibility, and absolute immanence, Agamben finds a way of experiencing, a path along which philosophy has always wanted to step, one that I argue is taken in Foucault’s bio-politics. (shrink)