Recent advances in machine learning methods have created opportunities to eliminate unfairness from algorithmic decision making. Multiple computational techniques (i.e., algorithmic fairness criteria) have arisen out of this work. Yet, urgent questions remain about the perceived fairness of these criteria and in which situations organizations should use them. In this paper, we seek to gain insight into these questions by exploring fairness perceptions of five algorithmic criteria. We focus on two key dimensions of fairness evaluations: distributive fairness and procedural fairness. (...) We shed light on variation in the potential for different algorithmic criteria to facilitate distributive fairness. Subsequently, we discuss procedural fairness and provide a framework for understanding how algorithmic criteria relate to essential aspects of this construct, which helps to identify when a specific criterion is suitable. From a practical standpoint, we encourage organizations to recognize that managing fairness in machine learning systems is complex, and that adopting a blind or one-size-fits-all mentality toward algorithmic criteria will surely damage people’s attitudes and trust in automated technology. Instead, firms should carefully consider the subtle yet significant differences between these technical solutions. (shrink)

Policing is a highly pragmatic occupation. It is designed to achieve the important social ends of peacekeeping and public safety, and is empowered to do so using means that are ordinarily seen as problematic; that is, the use of force, deception, and invasions of privacy, along with considerable discretion. It is often suggested that the ends of policing justify the use of otherwise problematic means, but do they? This book explores this question from a philosophical (...) perspective. The relationship between ends and means has a long and contested history both in moral/practical reasoning and public policy. Looking at this history through the lens of policing, criminal justice philosopher John Kleinig explores the dialectic of ends and means and offers a new, sharpened perspective on police ethics. After tracing the various ways in which ends and means may be construed, the book surveys a series of increasingly concrete issues, focusing especially on those that arise in policing contexts. The competing moral demands made by ends and means culminate in considerations of noble cause corruption, dirty hands theory, lesser degradations, and finally, those means deemed impermissible by the majority in Western culture, such as torture. nstrued, the book surveys a series of increasingly concrete issues, focusing especially on those that arise in policing contexts. The competing moral demands made by ends and means culminate in considerations of noble cause corruption, dirty hands theory, lesser degradations, and finally, those means deemed impermissible by the majority in Western culture, such as torture. (shrink)

ABSTRACTA recent consequentialist resurgence in transnational legal scholarship urges judges in cases involving authoritative texts to make decisions based on which outcomes will be best for society. Some consequentialist scholars assert that judges should openly disclose these reasons, while others advocate replacing them with any plausible argument employing the traditional language of interpretation. This article argues that making consequentialism the primary basis for judicial decision-making runs counter to the long history of legal interpretation, is contrary to the insights of modern (...) decision science, and raises significant separation of powers issues, even when it is fully disclosed. Covert consequentialism is even less likely to lead to good consequences, and it poses substantial threats to both the separation of powers and the rule of law. (shrink)

Journalists say sometimes that the end does not justify the means, but they can act otherwise. Even if there are only rare instances in which the end can justify the means, some guidelines are needed to determine when those situations exist. I propose six questions for application to this thorny issue and for avoiding extremes of moral laxity and false scrupulosity.

Cyber harassment can have harmful effects on social media users, such as emotional distress and, consequently, withdrawal from social network sites or even life itself. At the same time, users are often upset when network providers intervene and deem such an intrusion an unjust occurrence. This article analyzes how decisions to intervene can be communicated in such a way that users consider them adequate and acceptable. A first experiment shows that informational justice perceptions of social network users depend on the (...) format in which network providers present the decision to intervene. More specifically, if a decision to intervene is presented in the form of a story, as opposed to an analytical rendering of facts and arguments, decisions to intervene prompt more positive informational justice perceptions. A second experiment reveals that when users relate the experience to themselves, narrative transportation increases, which positively affects perceptions of the justice of decisions to intervene. (shrink)

Means–ends decoupling, the institutionally induced implementation of ineffective practices, has become increasingly common. Extant theory suggests that means–ends decoupling has real consequences, which makes it unstable and difficult for organizations to sustain. Yet little is known of how, and with what outcomes, firms organize such means–ends decoupling. We examine organizing via multiple qualitative and longitudinal case studies of how Swedish fast fashion retailers implement and manage the collection of used garments. We find that firms (...) combine two organizational arrangements: structural and temporal core–compartment separations, which mitigate consequences of means–ends decoupling by obscuring and justifying efficiency gaps. Thereby we provide a theoretical explanation for how means–ends decoupling can persist over time. (shrink)

In this article, I argue against Kearns and Star’s reasons-as-evidence view, which identifies normative reasons to ɸ with evidence that one ought to ɸ. I provide a new counterexample to their view, the student case, which involves an inference to the best explanation from means to end or, more generally, from a derivative to a more foundational “ought” proposition. It shows that evidence that one ought to act a certain way is not in all cases a reason so to (...) act. I present a diagnosis of the problem that is brought out by the counterexample. (shrink)

During the latter half of the twentieth century political realism dominated national and international landscapes. The twenty-first century has seen the rise of neo‐conservatism, what Charles Krauthammer has called “democratic realism” and what others see as a re-birth of Wilsonianism—making the world safe for democracy. Robert M. Gates, U.S. Secretary of Defense, in a speech on Sept. 17, 2007 in Williamsburg, VA, at the World Forum on the Future of Democracy, acknowledged these different strains of current U.S. policy, saying that (...) “once again [people are] talking about the competing impulses in U.S. foreign policy: realism versus idealism, freedom versus security, values versus interests.” These competing concerns—but especially fear about terrorism coupled with asense of retributive justice—have divided much of the world. Nonetheless, it is clear that no matter what terms one gives to domestic and foreign policies, they are all in one way or another mired in the attitude that the end justifies the means, an attitude that will remain both morally and politically bankrupt until such time as people, policies, and programs embrace the concept of principled nonviolence, if not principled nonviolence itself. (shrink)

According to the principles derived from his theory of discourse ethics, Habermas's model of deliberative democracy is justified only if the public is capable of making political decisions that advance the common good. Recent public‐opinion research demonstrates that the public's overwhelming ignorance of politics precludes it from having such capabilities, even if radical measures were taken to thoroughly educate the public about politics or to increase the salience of politics in their lives.

Aristotle's distinction between the practical life and the contemplative life has been of central importance in fixing the sort of justification that is required for engineering activity. As practical it must be justified by its products, while intellect's activity claims intrinsic worth. Most philosophers of technology accept this model of justification. However, engineering is not essentially practical in the relevant sense. To claim that it is overlooks a distinction between "structuring ends" and "products" which when made allows engineering to (...) lay claim to the same sort of value as intellectual activity. The final conclusion is that both have intrinsic worth but that does not free either from the obligation to look to their consequences. (shrink)

As it emerged in the late twentieth century, Empire promised a new era of global cooperation and stability through a seamless integration of late capitalism and neoliberal technocracy. Premised as an end to history itself, all that was left to accomplish was to tinker at the margins, stimulate corporate enterprise, embrace financialization and technological innovation, and encourage liberal rights and inclusion. As we enter the third decade of the twenty-first century, the narrative fictions sustaining Empire have broadly collapsed at the (...) level of symbolic identification and belief. Empire has entered into a period of global emergency and mutation. Engaging with Michael Hardt and Antonio Negri’s work, this paper considers what might emerge when we read education into the circuitry of Empire’s decay. First, we locate Empire within foundational tensions in modernity, using Kantian philosophy and colonialism as examples, to foreground the idea of education as immanent to historical processes of creativity, resistance, and innovation. Second, we highlight dead-end responses, from space colonization to neo-fascism, as representations of how modes of education circulate to stabilize and contain Empire’s crises, specifically in relation to capitalism, nationalism, and identity. Lastly, the paper develops a political ontology of education after Empire. (shrink)

Video games are currently available which permit the virtual murder of children. No such games are presently available which permit virtual paedophilia. Does this disparity reflect a morally justifiable position? Focusing solely on different player motivations, I contrast two version of a fictitious game—one permitting the virtual murder of children, the other virtual paedophilia—in order to establish whether the selective prohibition of one activity over the other can be morally justified based on player motivation alone. I conclude that it cannot, (...) for reasons discussed. (shrink)

Education policy, in general, reflects the past and present embrace of science and technology as progressive forces to be further cultivated. Technology has a profound effect on education policy. It serves to divert rather than enhance critical thinking about the future of our race and planet. In addition, the emphasis on technology has dramatically increased vocational emphases that elevate instrumental pedagogical concerns over philosophic reflection on ends. The technology-driven, vocationally rooted school agendas ignore alternative cultural reflections as powerful forces (...) and directions remain exempt from scholarly examination. “How to” triumphs over “why?” The corporate-financed business-education partnership movement gathering momentum in schools across the nation raises a question: If pervasive environmental and human problems are endemic to the emerging technology-supported and technology-driven global order, how will schools end their denial of needed cultural change? (shrink)

Over the last few years, in part due to the political impact of terrorist activities, the debate on the moral significance of torture as a useful means of obtaining information from enemy combatants has arisen with an urgency not seen in many years. Stressing the importance of exceptional cases, the defenders of torture attempt to justify its acceptance by and back its use in the judicial system of Western democracies. Yet what is at stake here are the basic (...) moral principles—especially that of human dignity-on which our political convictions rest. Admitting of exceptions would change the value of these principles: what once werefixed guidelines for acceptable action now become alterable according to specific political demands, thus making torture into a morally neutral act. The current defence of torture in the West may be a symptom of the progressive absolutization of the State. (shrink)

This article is concerned with the educational value of raising the human body at school. Drawing inspiration from the work of Giorgio Agamben, I develop a new perspective that explores the possibility of taking the concept of physical education in a literal sense. This is to say that the specific educational content of physical education (in contradistinction to organized sporting life outside school) resides in its concentration on the physical ?as such?. This is not an obvious path to explore, because (...) defenders of physical education as a rule have to compete against the (dualist) prejudice that this discipline is merely an instrument to train the body or to keep it fit, and that it therefore should not be considered as a serious endeavour. Therefore, more often than not, apologists try to justify the relevance of physical education on the very ground that it is a practice that is concerned with something ?beyond? the merely physical that is at stake in movement activity. I argue, however, that this line of thought excludes the possibility of conceiving an alternative approach that relates the concentration on ?entirely physical? activities (as opposed to ?merely physical? activities) to an experience of potentiality. I develop this idea on the basis of an analysis of repetitive, rhythmical and collective body-exercise (e.g. running in a group or basic callisthenics). (shrink)

I develop a critique of Hume’s infamous problem of induction based upon the idea that the principle of induction (PI) is a normative rather than descriptive claim. I argue that Hume’s problem is a false dilemma, since the PI might be neither a “relation of ideas” nor a “matter of fact” but rather what I call a contingent normative statement. In this case, the PI could be justified by a means-ends argument in which the link between means (...) and end is established solely by deductive reasoning. The means-ends argument is an elementary result from formal learning theory that you must be willing to make inductive generalizations if you want to be logically reliable in the types of examples Hume described. This justification of the PI avoids both horns of Hume’s dilemma. Since no contradiction ensues from rejecting logical reliability as an aim, the PI is contingent. Yet since the proof concerning the PI and logical reliability is not based on inductive reasoning, there is no threat of circularity. (shrink)

When searching for justification for music education, researchers often make an analytical distinction between ends and means as well as between intrinsic and extrinsic values as related to them. These distinctions are often combined with a view in which ends with stable intrinsic values are seen as above means as extramusical. The article examines how John Dewey’s theory of experience and valuation challenges these distinctions by taking use-value and different aspects of quality in experience as part (...) of the process in which valuation is born. Pedagogical actions of the teacher, social interaction between the students, the questions of how, as well as desires and shared interests become constituting elements of valuation in the means-ends continuum of learning music. The article argues that for justifying its practices, the value of music education ought to be more strongly anchored in the learner’s experience and the question of how educational practices create the attitude for lifelong learning. (shrink)

Scientific methods are heuristic in nature. Heuristics are simplifying, incomplete, underdetermined and fallible problem-solving rules that can nevertheless serve certain goals in certain contexts better than truth-preserving algorithms. Because of their goal- and context-dependence, a framework is needed for systematic choosing between them. This is the domain of scientific methodology. Such a methodology, I argue, relies on a form of instrumental rationality. Three challenges to such an instrumentalist account are addressed. First, some authors have argued that the rational choice of (...) at least some methods, namely those supporting belief formation, is not goal-dependent. Second, some authors have observed that some method choices seem intuitively rational, even though relevant goals are lacking. Thirdly, some authors have argued that instrumental rationality itself depends on a goal-independent form of rationality. It is the heuristic nature of scientific methods that affords me the arguments against these challenges. This heuristic-instrumentalist account provides the means-ends analysis needed to evaluate heuristic method choice. The paper thus offers the conceptual basis for a scientific methodology that is both compatible with the heuristic nature of actual scientific practice and also normatively relevant for assessing method choice. (shrink)

According to a main idea of Gentzen the meanings of the logical constants are reflected by the introduction rules in his system of natural deduction. This idea is here understood as saying roughly that a closed argument ending with an introduction is valid provided that its immediate subarguments are valid and that other closed arguments are justified to the extent that they can be brought to introduction form. One main part of the paper is devoted to the exact development of (...) this notion. Another main part of the paper is concerned with a modification of this notion as it occurs in Michael Dummett’s book The Logical Basis of Metaphysics. The two notions are compared and there is a discussion of how they fare as a foundation for a theory of meaning. It is noted that Dummett’s notion has a simpler structure, but it is argued that it is less appropriate for the foundation of a theory of meaning, because the possession of a valid argument for a sentence in Dummett’s sense is not enough to be warranted to assert the sentence. (shrink)

This article is a longitudinal analysis of the relation between gendered labour divisions and new data processing technologies at the Dutch Central Bureau of Statistics. Following social-constructivist and evolutionary economic approaches, the authors hold that the relation between technology and work organization is a two-way process. This means that technology does not only affect the relations between men and women at work, but that these relations also influence technological choices. The proportional numbers of men and women on the labour (...) market and changing conceptions of which work is deemed appropriate for women have been important factors in the strongly varying extent to which women participated in office work. They have also been important factors in determining the course of technological development. Shortages of women on the labour market have even determined search heuristics for new technological solutions in specific directions. (shrink)

This piece is a review essay on Victor Tadros’s The Ends of Harm. Tadros rejects retributive desert but believes punishment can be justified instrumentally without succumbing to the problems of thoroughgoing consequentialism and endorsing using people as means. He believes he can achieve these results through extension of the right of self-defense. I argue that Tadros fails in this endeavor: he has a defective account of the means principle; his rejection of desert leads to gross mismatches of (...) punishment and culpability; and he cannot account for punishment of inchoate crimes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE "JUSTIFIABLE HOMOCIDE" OF ABORTION PROVIDERS: MORAL REASON, MIMETIC THEORY, AND THE GOSPEL James Nash Our land will never be cleansed without the blood of abortionists being shed. (Shelly Shannon) The above quotation is taken, with permission, from a letter written to me by Ms. Shannon. A devout Roman Catholic, she is currently doing time at Federal prison in Kansas, sentenced to 3 1 years for shooting a famous (...) abortion provider. I have also been in touch with Paul Hill, the former Presbyterian minister, who killed the Pensacola abortion doctor, John Britton. Mr. Hill has written extensively on how his Christian faith led him to what he calls the "justifiable homicide" of Dr. Britton. The connection between this kind of religiously-justified violence and the work of René Girard is too obvious to be ignored. The violenct acts and rhetoric that polarize both sides of the abortion debate serve to illustrate our society's collapsing ability to distinguish effectively between "good" and "bad" violence (Girard 1972, 52-3). At the same time, the almost universal condemnation ofthe "religious" proponents ofjustifiable homicide confirms the Girardian claim that in cultures under gospel influence, "acts of violence that once endowed its perpetrators with religious and cultural preeminence radually begin to rob them of it" (Bailie 52-3). Finally, as we shall see, the incoherence of religiouslygrounded efforts to condemn "justifiable homicide suggests that James Nash69 contemporary Christianity is also having increasing difficulty in distinguishing "good" and "bad" violence. But before exploring these issues I want to ask another question, one that will prepare the ground for the application of Girard's theory to abortion violence. What light can moral reason shed on the problem of the "justifiable homicide" of abortion doctors? Are there clear arguments which will convince any reasonable person it is wrong to kill abortion providers in order to protect unborn human life? At first it might appear rather simple to produce such arguments —after all an overwhelming majority of Americans currently believe killing abortion workers is wrong, no matter where they stand on the morality of abortion itself. On the other hand, there is a danger that because the current moral consensus against this type of killing appears to be so strong, we may be misled into a false sense of security. After all, thirty or forty years ago there was little debate about the morality of homosexuality, pre-marital sex, or abortion itself. In fact, there are an increasing number of voices suggesting that violence against abortion providers is justified; the question has in fact divided the pro-life movement. What I will attempt to show in what follows is that the arguments offered by moral reason against shooting abortionists are surprisingly weak. While there is little danger in the foreseeable future that anywhere near a majority of people will view this form of killing as "justifiable," there are, I believe, solid grounds to fear that "moral reason" alone is no longer strong enough to provide compelling arguments against abortion violence. If ethical rationality cannot account for the moral revulsion most people feel at the shooting of abortion doctors, the ground is prepared for another way of understanding and avoiding this religiously—sanctioned violence. I am referring to René Girard's mimetic theory, and at the end of this article I hope to show how it can help us to understand both why some pro-life people have turned to violence, and how this response to abortion can be avoided. For if we come to doubt that moral reason alone can uphold the prohibition against "justifiable homicide," then perhaps we need to develop a different kind of reason, or different kinds of reasons. This will lead, finally, to reflection on some of the radical theological implications of Girard's thought, a dimension of his work which, in my judgment, is too often neglected. 70"Justifiable Homicide " Before going any further, I realize I must define what I mean by "moral reason." My use of this term is simply the common post-Kantian notion that if an action is truly immoral, one will avoid doing it not because offear, custom or human law; rather one's actions will be guided... (shrink)

Augustine posed two questions that go to the heart of the nature of law. Firstly, what is the difference between a kingdom and a band of robbers? Secondly, is an unjust law a law at all? These two questions force us to consider whether law is simply a means of social control, distinguished from a band of robbers only by its size, or whether law is a social institution justified by its orientation towards justice. The End of Law applies (...) Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine. (shrink)

Malpractice insurance rates have created a crisis in American medicine. Rates are rising and reimbursements are not keeping pace. In response, physicians in the states hardest hit by this crisis are feeling compelled to take political action, and the current action of choice seems to be physician strikes. While the malpractice insurance crisis is acknowledged to be severe, does it justify the extreme action of a physician walkout? Should physicians engage in this type of collective action, and what are (...) the costs to patients and the profession when such action is taken? I will offer three related arguments against physician strikes that constitute a prima facie prohibition against such action: first, strikes are intended to cause harm to patients; second, strikes are an affront to the physician-patient relationship; and, third, strikes risk decreasing the public's respect for the medical profession. As with any prima facie obligation, there are justifying conditions that may override the moral prohibition, but I will argue that the current malpractice crisis does not rise to the level of such a justifying condition. While the malpractice crisis demands and justifies a political response on the part of the nation's physicians, strikes and slow-downs are not an ethically justified means to the legitimate end of controlling insurance costs. (shrink)

Approximately one trillion, trillion, trillion (101728) years from now, the universe will suffer a “heat death.” What are the existential implications of this fact for us, today? This chapter explores this question through Lyotard’s fable of the explosion of the sun, and its uptake and extension in the works of Keith Ansell Pearson and Ray Brassier. Lyotard proposes the fable as a kind of “post-metanarrative” sometimes told to justify research and development, and indeed the meaning of our individual lives, (...) after credulity in metanarratives has been lost: it replaces the adventure of the subject of history aimed towards the perfection and emancipation of the human with the adventure of inhuman, negentropic processes aimed towards the survival and extension of complexity. Ansell Pearson illustrates how contemporary transhumanists employ such a narrative, and critiques it from a Nietzschean perspective as preserving values which are nihilistic. Brassier employs it to argue against the phenomenological view that thought must be bounded by the horizonal correlate of the body and the earth, and to advance the argument that thought should abandon all meaning and purpose and embrace nihilism. This final chapter seeks to negotiate each of these positions, showing how Lyotard’s thought helps us to reflect on the existential significance of the “deep time” revealed by contemporary science. (shrink)

Life is pointless. That’s not okay. I show that. I argue that a point is a valued end and that, as agents, it makes sense for us to want our efforts and enterprises to have a point. Valued ends provide justifying reasons for our acts, efforts, and projects. I further argue that ends lie separate from the acts and enterprises for which they provide a point. Since there can be no end external to one’s entire life since one’s (...) life includes all of one’s ends, leading and living one’s life as a whole cannot have a point. Finally, I argue that since we live our lives and structure our living­a­human­life efforts both in parts and as a whole, it is fitting to be sad to recognize that leading and living a life is pointless. My discussion helps make sense of the literature that frequently talks around this topic but often does so vaguely and indirectly. (shrink)

In The Ends of Harm, Victor Tadros claims that the general justifying aim of the criminal law should be general deterrence. He also takes seriously that we cannot use people as a means, and thus he argues that we may only punish people in the name of general deterrence who have a ‘duty’ to suffer. Tadros claims that this duty arises as follows: An offender initially has a duty not to harm the victim. If the offender violates that (...) duty, the offender still has a duty to stop the harm from occurring. And if the harm does occur, then the offender has a duty to rectify that harm. This duty to rectify, argues Tadros, requires the defendant not only to compensate the victim but also to protect the victim to the extent that he would have been able to have been harmed to prevent the threat from occurring. Tadros further advances intricate arguments for why the state may therefore punish the offender to protect other potential victims to the extent of the offender’s duty to rectify. This symposium contribution seeks to explore three problems with Tadros’ analysis, ultimately arguing that Tadros’ theory fails on its own terms. First, attempts present a substantial problem for Tadros’ regime because attempts do not give rise to duties to prevent harm because there is no harm to be prevented. Tadros’ attempt to account for attempts, as completed offenses of diversions of security resources, ultimately leads to punishments that bear little resemblance to the crime attempted. Such a wildly counterintuitive result creates problems for a regime premised on general deterrence, which must be understood and respected. Second, Tadros’ regime will often exempt the rich from suffering criminal punishment. Tadros claims that duties to prevent harms from occurring are only enforceable when compensation will be inadequate. However, affluent offenders may be able to fully compensate. Moreover, since the scope of the duty to suffer will be determined by what remains of the duty after the victim is compensated, affluent offenders will be able to compensate more and thereby suffer less. Again, the actual sentences will thereby bear little resemblance to the rationale for criminalization, thus threatening the deterrent message of the law. Moreover, a system that exacerbates distributive inequalities will not achieve public respect. Third, Tadros cannot justify taking the duty that the defendant owes to the victim and forcing the victim to transfer this asset to the state. In his quest to articulate a theory that does not impermissibly use defendants, he ultimately endorses a theory that impermissibly uses their victims. He thus fails to achieve the very goal he sets for himself, which is to achieve general deterrence without impermissibly using anyone. (shrink)

Many contemporary defenders of paternalist interventions favor a version of paternalism focused on how people often choose the wrong means given their own ends. This idea is typically justified by empirical results in psychology and behavioral economics. To the extent that paternalist interventions can then target the promotion of goals that can be said to be our own, such interventions are prima facie less problematic. One version of this argument starts from the idea that it is meaningful to (...) ascribe to us preferences that we would have if were fully rational, informed and in control over our actions. It is argued here, however, that the very body of empirical results that means paternalists typically rely on also undermines this idea as a robust enough notion. A more modest approach to paternalist interventions, on which such policies are understood as enmeshed with welfare-state policies promoting certain primary goods, is then proposed instead. (shrink)

Presupposing that our consideration of ethical issues can be enriched by examining literary works, this paper focuses on Marsha Norman's play ‘night, Mother. The play describes the last hour and a half in the life of Jessie, a young woman who decides to die by suicide. Before ending her life, Jessie explains to her mother her reasons for her suicide. In the context of the play, these are presented as quite weighty and as, perhaps, justifying her decision. Scholarly research on (...) the play has also treated Jessie's suicide favorably. In this paper I argue that Jessie, and people in similar conditions, are wrong to die by suicide. Among other points, I criticize Jessie's arguments from the impossibility to improve life; the assured termination of suffering; the badness of the world; and the right for suicide. I also criticize arguments in the scholarly literature that view Jessie's suicide favorably, such as the arguments from independence, heroism, authenticity, and emotional closeness. (shrink)

Fifty years ago, in 1961, Feinstein published his first path-breaking articles leading to his seminal work Clinical Judgement and to the establishment of clinical epidemiology. Feinstein had an Aristotelian approach to scientific method: methods must be adapted to the material examined. Feinstein died 10 years ago and few years before his death he concluded that efforts to promote a person-oriented medicine had failed. He criticised medicine for not having recognized that only persons can suitably observe, evaluate and rate their own (...) health status. Feinstein’s position was—as in Clinical Judgement—methodological. He didn’t espouse ethical principles. He pointed to methodological deficiencies in clinical epidemiology and evidence-based medicine. In this article we’ll provide a framework for understanding and justifying Feinstein’s call for a person-oriented medicine which recognizes patients as co-actors in clinical reasoning. It’s argued that craftsmanship and practical wisdom are integrated in clinical judgement and reasoning and that clinical reasoning is not only about means to achieve the end, health. We do also reason and deliberate about ends. The ‘defining end’ of medicine (health) has continuously been negotiated and so been the object of deliberation. For centuries among professionals, in recent years among professionals and patients. These negotiations and deliberations lead to ongoing specifications of health as a ‘guiding end’, i.e. an end guiding clinical reasoning about what to do in particular situations. Feinstein’s self-critical account to clinical epidemiology at the end of his professional career reflects the fact that patients during the last 30–40 years (i.e. in the period after the publication of Clinical Judgement) widely have been recognized as persons with rights to autonomy. Feinstein’s lesson is, however, that espousing and recognizing ethical ideals is not enough. A change of clinical practice and its methods is necessary. His critique also implies that clinical epidemiology and evidence-based medicine as practiced haven’t provided such a turn. (shrink)

A number of practices at the end of life can causally contribute to diminished consciousness in dying patients. Despite overlapping meanings and a confusing plethora of names in the published literature, this article distinguishes three types of clinically and ethically distinct practices: double-effect sedation, parsimonious direct sedation, and sedation to unconsciousness and death. After exploring the concept of suffering, the value of consciousness, the philosophy of therapy, the ethical importance of intention, and the rule of double effect, these three practices (...) are defined clearly and evaluated ethically. It is concluded that, if one is opposed to euthanasia and assisted suicide, double-effect sedation can frequently be ethically justified, that parsimonious direct sedation can be ethically justified only in extremely rare circumstances in which symptoms have already completely consumed the patient’s consciousness, and that sedation to unconsciousness and death is never justifiable. The special case of sedation for existential suffering is also considered and rejected. (shrink)

Our everyday conversations reveal the widespread assumption that positive and negative treatment of others can be justified on the grounds that “they deserve it.” But what is it exactly to 'deserve' something? This book offers an exploration into how we came to have this concept, along with an explanation why people feel so strongly that redress is needed when outcomes are undeserved. The book probes for that core concern which is common to the range of everyday desert claims people make. (...) What emerges is an alternative model of desert, which moves us beyond seeing desert as a 3-place relation, and which therefore represents a fundamental challenge to the received wisdom on the structure of desert claims. In the end, our plea for deserved treatment ends up being linked to the universal human concern for a shared narrative, as we seek healthy relationships within a community. (shrink)

Towards the very end of his wide-ranging lectures on the philosophy of art, Hegel unexpectedly expresses a preference for comedy over tragedy. More surprisingly, given his systematic claims for his aesthetic theory, he suggests that this preference is arbitrary. This essay suggests that this arbitrariness is itself systematic, given Hegel’s broader claims about unity and necessity in art generally and his analysis of ancient as opposed to modern drama in particular. With the emergence of modern subjectivity, tragic plots lose their (...) necessity and so their redemptive conclusions; comic plots disintegrate into mockery and entertainment. In many cases, the dramas in question consequently fail to be art. This does not, however, mean that art ends: insofar as it inspires humans to a better understanding of their unity with the divine, it will continue to meet its mandate. But the lack of necessity in modern drama means we are free to prefer happy endings. Hegel’s seemingly arbitrary preference is, in the end, systematically justified. (shrink)

The Doctrine of Double Effect [DDE] states roughly that it is harder to justify causing or allowing harm as a means to an end than it is to justify conduct that results in harm as a side effect. This chapter argues that a theory of deontological constraints on harming needs something like the DDE in order to avoid the charge that it reflects a narcissistic obsession with the cleanliness of our own hands. Unfortunately, the DDE is often (...) interpreted as maintaining that we must avoid acting with certain intentions, which, this chapter contends, embodies an equally narcissistic obsession with the purity of our own hearts. The chapter argues that the DDE is better interpreted as a denial of the Machiavellian idea that beneficial ends justify harmful means. On this view, the objective fact that our conduct will secure benefits for some individuals at the expense of other individuals weakens the extent to which those benefits count as reasons to engage in that conduct. The chapter argues that this version of the DDE provides a plausible, non-narcissistic foundation for deontological constraints. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to Marja Heimonen, “Justifying the Right to Music Education”Hermann J. KaiserFirst of all I would like to thank Marja Heimonen for her paper on a central problem not only for music education as practice but also for the theory of music education. She gives a very clear and convincing answer to a permanently irritating question: How do we justify music education within an ensemble of competing (...) subjects struggling to get a place within the school curriculum. And she does it in a rather uncommon way, that is, by means of legal philosophy. I think her arguments provoke several questions worthy of serious discussion. Some of these questions I shall try to indicate.The first question relates to the right to (music) education. Referring to the Nordic countries she states, "Their legal systems are based on enacted acts and statutes not only protecting the citizens against criminal acts but also securing their rights to receive a certain amount and standard of services the state is obliged to provide" and she continues: "Education is one of the basic rights in Nordic societies." I am interested very much in the wording by which these constitutions declare the right to education respectively to music education. The German constitution, for example, says only, but very bluntly that the entire schooling system stands under control of the state. That means, in connection with compulsory schooling, education at school means no right but a compulsion. (I shall come back to this point later.)The second question relates to the issue of internal versus external goods or instrumental versus self-justifying aims. In her attempt to justify music education Heimonen makes a distinction between internal and external goods, instrumental and self-justifying aims. I wonder if this distinction—though it is very common in theories of action and of value—really refers to different facts; perhaps [End Page 213] it is only a difference in perspectives. I will transform this problem into a question thus: Are aims and values emphasizing a person's well-being really not instrumental with regard to this person? The well-being aims look to me to be necessarily connected to self-justifying aims. Aims, values, activities, facts, situations, and so on, generating well-being, are always instrumental with regard to a person's well-being. What else should they be?On the other hand, are so-called external goods and instrumental aims not self-justifying aims as well, again from the point of view of the person concerned? Are not aims which favor the training of a future professional (so called instrumental aims) self-justifying with regard to this person since they contribute very much to his or her well-being? Thus music educators should not hesitate to demonstrate the real individual, social, economical, and so on, benefit of music education to the society concerned very energetically.The third question arises around the implicit theories of the teacher, the school, and the function of music education as set forth by Heimonen in her paper. Heimonen compares the structure of the (music) teacher's situation with that of a judge. She says:The judge has to operate between the tensions of different interests in the framework of the law consisting of written regulations and the tradition of previous cases that have been solved.... The judge works within a "legal puzzle" just as the music teacher operates in a "musical puzzle": both of them have to think holistically as they try to achieve the best possible solutions in a particular situation, and both of them have to act innovatively and creatively in their practice.Here the question arises as to whether the "musical puzzle" is really the corresponding moment to the "legal puzzle" or whether it is the "music-pedagogical puzzle." I think it is the latter. But the teacher does not have—like the judge "his" legal system—a framework of written regulations and he never is in the situation just to apply rules on different cases. That is to say, one cannot reduce educational activities to making decisions on the basis of right or wrong, good or bad. But even if one would acknowledge an identical structure of the... (shrink)

Many theodicists have maintained that God is justified in permitting suffering on the ground that His doing so is a necessary condition of the realization of certain intrinsically valuable ends which the suffering serves and whose value outweighs the suffering which occasions them. Examples of ends which are frequently cited in this connection are freely chosen actions in accordance with stringent obligations to be charitable and steadfast. To say that the value of these ends outweighs the suffering (...) which gives rise to them is to say that the existence both of these ends and of suffering is better than the non-existence of both. (shrink)

Should education serve external goals, or should it be non-instrumental? In this paper, I recognize a tension between these two views with respect to the question of the end and the means in education, and I suggest conceptual and practical ways to handle this tension. The paper comprises two parts: the first part discusses the problem, and the second part offers solutions. To expose the problem, I present a brief overview of the opposing views of purposiveness versus anti-instrumentalism in (...) education, based on old inspirations and new manifestations of each, and I present two examples of current theories that carry this tension as an inner contradiction. Additionally, I argue these theoretical tensions lead to professional confusions and practical dilemmas among teachers. In search of solutions, I lean on current theoretical arguments to reconcile the contradictions and offer ways to integrate the two views into one pedagogical approach. Finally, I draw a conceptual model that turns the tensions and confusions into a more reasonable complexity that educators can handle in their theoretical thinking and accommodate in their practical choices in school. My conclusions lead to a re-justified commitment to education for democracy, and to teachers’ autonomy. (shrink)

This paper suggests that there are three kinds of meaning: Everyday, Cosmic, and Ultimate. Everyday meaning refers to the value and significance in our everyday lives, including values such as beauty, morality, and truth, and the significance of engagement with them. Cosmic meaning refers to our meaningful role in the cosmos: to the significance and value of our cosmic niche, to the purposes of the cosmos and our place in it. Ultimate meaning is the end-regarding justifying reason, the valued end, (...) or the point of leading a life at all. It is here argued that procreating can be a deep source of Everyday meaning, and perhaps Cosmic meaning. But nothing can provide us with Ultimate meaning. The implications this may have for procreative ethics is considered. (shrink)

Dr Gillian Craig (1) has argued that palliative medicine services have tended to adopt a policy of sedation without hydration, which under certain circumstances may be medically inappropriate, causative of death and distressing to family and friends. We welcome this opportunity to defend, with an important modification, the approach we proposed without substantive background argument in our original article (2). We maintain that slowing and eventual cessation of oral intake is a normal part of a natural dying process, that artificial (...) hydration and alimentation (AHA) are not justified unless thirst or hunger are present and cannot be relieved by other means, but food and fluids for (natural) oral consumption should never be 'withdrawn'. The intention of this practice is not to alter the timing of an inevitable death, and sedation is not used, as has been alleged, to mask the effects of dehydration or starvation. The artificial provision of hydration and alimentation is now widely accepted as medical treatment. We believe that arguments that it is not have led to confusion as to whether or not non-provision or withdrawal of AHA constitutes a cause of death in law. Arguments that it is such a cause appear to be tenuously based on an extraordinary/ordinary categorisation of treatments by Kelly (3) which has subsequently been interpreted as prescriptive in a way quite inconsistent with the Catholic moral theological tradition from which the distinction is derived. The focus of ethical discourse on decisions at the end of life should be shifted to an analysis of care, needs, proportionality of medical interventions, and processes of communication. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.2 (2003) 1-18 [Access article in PDF] Aesthetic Inquiry in Education:Community,Transcendence, and the Meaning of Pedagogy Hanan A. Alexander What does it mean to understand education as an art, to conceive inquiry in education aesthetically, or to assess pedagogy artistically? Answers to these queries are often grounded in Deweyan instrumentalism, neo-Marxist critical theory, or postmodern skepticism that tend to fall prey to the paradoxes (...) of radical relativism and extreme subjectivism. 1 This essay offers an alternative, communitarian account of education as an art and a neo-Kantian approach to aesthetic inquiry in education that avoids these difficulties.I begin by examining the emergence of aesthetic inquiry in education in the context of the larger qualitative revolution in educational research. The struggle to justify the qualitative turn in educational thought was initially framed in terms of two influential doctrines: that cognition and affect on the one hand, and truth, beauty, and goodness on the other, can be clearly distinguished from one another. Qualitative methods were conceived as an alternative research paradigm — a new epistemology — in keeping with Thomas Kuhn's influential book The Structure of Scientific Revolutions. 2 Qualitative research, on this account, is a cognitive endeavor aimed at discovering a form of knowledge no less valid and reliable than that produced by quantitative methodologies. This way of framing the discussion led to the dichotomizing of positivist and postpositivist epistemologies, one embracing absolutism, objectivism, and rationalism, the other relativism, subjectivism, and romanticism. 3 This approach succeeded in pointing to some serious flaws in the prevailing positivist account of social research, yet it left qualitative inquiry dependent on versions of epistemological relativism and subjectivism that philosophers of knowledge have shown to be self-contradictory and incoherent. 4 [End Page 1]Conceiving of pedagogy in aesthetic terms challenges the prevailing positivist epistemology on a deeper level because it questions the accepted distinctions between thinking and feeling, and between truth, beauty, and goodness. If art can be conceived as a form of cognitive inquiry in addition to affective expression, then the appreciation and assessment of education as art requires not merely a new research paradigm or an alternative epistemology. Rather, it entails a reshuffling of our very conception of the relations between science, art, and ethics.These concepts can be reconceived to avoid the paradoxes of radical relativism and extreme subjectivism if we recognize with Iris Murdoch that sovereignty belongs to communal conceptions of a transcendent good. Educational arts empower people to express, appreciate, and critique collective conceptions of goodness, and artistic criticism of pedagogy celebrates a sacred dimension in educational thought and practice. 5 This approach occasions a fresh look not only at the practice, appreciation, and assessment of pedagogy, but also at the very meaning of the concept of education and the sorts of inquiry that can fruitfully inform its practice. Two Dogmas of Educational Research Two dogmas have dominated educational research for most of this century: the idea that there exists a clear disjunction between the cognitive and affective domains; and the supposed radical independence from one another of truth, beauty, and goodness. 6 According to a popular view rooted in these doctrines, the search for truth is a cognitive affair governed by science, while ethics and the arts are tied to the emotions and the humanities. Inquiry into the former is objective — reliability depends on method not researcher — and into the latter, subjective — results can vary according to interpreter. In this attitude, the cognitive domain dominates the public arena through the influence and prestige of science and measurement. 7Until the middle 1970s, behavioral and social research in education expressed these dichotomies in the distinction made between quantitative and qualitative research. The former was thought to be scientific and objective, the latter, humanistic and subjective. As qualitative inquiry came into its own in the 1980s, its proponents sought justification and legitimization in accord with cognitive dominance. 8 First, they argued that qualitative research methods had checks against error as rigorous as its quantitative counterparts. 9 Later, the cognitive domain... (shrink)

This text investigates the procedurality inaugurated by the action of subjects, which can be seen especially in the developments devoted to the play Antigone, in the Phenomenology of the Spirit. The conflict of irreducible rights entails the creation of a theory of action – in which the ends do not justify the means. Such an ethical requirement, always a posteriori, is imposed when the non-control of the relational world is verified, implying, finally, an open historicity. However, if (...) simply being in the world is an action since it produces effects, we ask ourselves about the conditions (background in a situation governing expectations, but also the history of thought) and potentialities (disruptive emergence that organizes expectations, in becoming) of action. Thanks to externalizations that generate a problematic field, in the form of language, work and desire, we contract alterity relations and arrive at ourselves, through the other, fatally different from the starting point. It is up to philosophy to judge the implications of each particular action. (shrink)

This paper defends a probability-raising theory of what it is to be a means to an end, and how much reason transmits from an end to its means. In short, an action is a means to an end insofar as it raises the probability of the end relative to the worst one could do. The paper also considers and criticizes several alternative probability-raising theories as well as non-probability-raising conditions on being a means and being supported by (...) means-based reason. (shrink)

Individuals who are profoundly mentally handicapped do not have the capacity to make their own decisions and also do not have a past record of decisions, from when they had capacity, to guide us in making decisions for them. They represent a difficult group, ethically, for surrogate decision making. Here I propose some guidelines, distinguishing between these patients and patients in a persistent vegetative state (PVS). As the life span of patients becomes shorter, or their level of consciousness becomes permanently (...) impaired, the presumption for comfort care should become an imperative, and the standard of evidence to justify any invasive intervention should become higher. For members of this population, who have no more ability to refuse treatment than to consent to it, protection of the vulnerable must mean allowing a peaceful death as well as a comfortable life. Reasonable legal safeguards are also proposed to allow improved end-of-life decisions to be made for this population. (shrink)

The ethical problems surrounding voluntary assisted suicide remain formidable, and are unlikely to be resolved in pluralist societies. An examination of historical attitudes to suicide suggests that modernity has inherited a formidable complex of religious and moral attitudes to suicide, whether assisted or not. Advocates usually invoke the ending of intolerable suffering as one justification for euthanasia of this kind. This does not provide an adequate justification by itself, because there are (at least theoretically) methods which would relieve suffering without (...) causing the physical death of the suffering person. Carried to extremes, these methods would finish the life worth living, but leave a being which was technically alive. Such acts, however, would provide no moral escape, since they would create beings without meaning. Arguments seeking to justify ending the lives of others need some grounding in concepts of the meaning of a life. The euthanasia discourse therefore needs to take at least some account of the meaning we construct for our lives and the lives of others. (shrink)

In The Ends of Harm Victor Tadros develops an alternative to consequentialist, and non-consequentialist retributivist, accounts of the justifiability of punishment: the duty view. Crucial to this view is the claim that wrongdoers incur an enforceable duty to remedy their wrongs. They cannot undo them, but they can do something that is almost as good—namely, by submitting to appropriate punishment, which will deter potential wrongdoers in the future, reduce their victim’s risk of suffering similar wrongs again. Admittedly, this involves (...) harming wrongdoers as a means to an end, but according to Tadros the ‘means principle’ that we should not harm others as a means, properly construed, does not apply to cases where the victim has an enforceable duty to bear the kind of harm that he or she is being made to suffer. In this article, I shall express reservations about Tadros’ defense and interpretation of the means principle. In presenting his position, Tadros also sets out some interesting anti-retributivist considerations casting doubt on the idea that wrongdoers’ suffering is non-instrumentally good. I shall challenge these. Finally, I shall suggest that the duty view may have counterintuitive implications in relation to wrongs where the offender helps to lower the risk that victims will be subjected to similar wrongs in ways other than by being punished. (shrink)