This is the first volume to bring together original essays that address the theoretical foundations of the concept of autonomy, as well as essays that ...

James Stacy Taylor advances a thorough argument for the legalization of markets in current (live) human kidneys. The market is seemly the most abhorrent type of market, a market where the least well-off sell part of their body to the most well off. Though rigorously defended overall, his arguments concerning exploitation are thin. I examine a number of prominent bioethicists’ account of exploitation: most importantly, Ruth Sample’s exploitation as degradation. I do so in the context of Taylor’s argument, (...) with the aim of buttressing Taylor’s position that a regulated kidney market is morally allowable. I argue that Sample fails to provide normative grounds consistent with her claim that exploitation is wrong. I then reformulate her account for consistency and plausibility. Still, this seemingly more plausible view does not show that Taylor’s regulated kidney market is prohibitively exploitative of impoverished persons. I tack into place one more piece of support for Taylor’s conclusion. (shrink)

James Stacey Taylor urges academics to become qualitatively better at what we do in terms of scholarship. For while it will inevitably slow down our rush to publish our work for financial or careerist gains, the quality of published research will improve significantly as a result.In Part I, Taylor focuses on some details of a few salient philosophical discussions concerning the moral limits of markets, including the discussion of the Asymmetry Thesis—that there are some things that can (...) legitimately be given away, but which it would necessarily be wrongful to buy or sell—and how, among others, Michael Sandel's, Debra Satz's, and Elizabeth Anderson's respective works in the field have been misunderstood due to poor scholarship. This mis-ascription has caused confusion in the philosophical literature on markets and morals. As a result, Taylor argues, some scholars misattribute to these authors a view which ‘almost nobody holds’ (p. 29).In Part II, Taylor seeks to remedy the problem of poor scholarship as it ‘derails’ productive philosophical discussion: Higher educational research ought not to answer to market demands, but instead ought to answer to academic ones. (shrink)

_ Exemplarist Moral Theory _ By ZagzebskiLinda TrinkausOxford University Press, 2017. xiv + 274 pp. £41.99.

In contemporary Western biomedical ethics, informed consent practices are commonly justified in terms of the intrinsic value of patient autonomy. James Stacey Taylor maintains that this conception of the moral grounding of medical informed consent is mistaken. On the basis of his reasoning to that effect, Taylor argues that medical informed consent is justified by the instrumental value of personal autonomy. In this article, I examine whether Taylor's justification of medical informed consent is plausible.

Patient decision aids enable patients to be better informed about the potential benefits and harms of their healthcare options. Certification of patient decision aids at the national level in the United States is a critical step towards responsible governance—primarily as a quality measure that increases patients’ safety, as mandated in the U.S. Patient Protection and Affordable Care Act (PPACA). Certification would provide a verification process to identify conflicts of interest that may otherwise bias the scientific evidence presented in decision aids. (...) Certification also benefits clinicians who may otherwise face malpractice claims based on harm to patients caused by possible reliance on patient decision aids that are inaccurate, incomplete, or presented in a manner that biases the patient’s decision. Existing work by the International Patient Decision Aid Standards Collaboration could guide the establishment of a certification process within the U.S. This article argues for national certification of patient decision aids and discusses how that may be achieved. (shrink)

In this 1970 introduction to philosophy Mr Taylor concentrates on two central topics - explanation and meaning. He takes the argument far enough to acquaint the reader first-hand with the methods and approach of analytical philosophy, and yet because of the scope of these two topics he is able to introduce many of the traditional philosophical problems in epistemology, metaphysics, ethics, aesthetics, and logic. By this approach he avoids the dangers both of superficiality and of undue technicality. Philosophers are (...) concerned to analyse and describe certain concepts and modes of argument, not to establish facts or conclusions of any sort that can be tested by formal demonstration or controlled observation; their findings cannot be conveniently categorized or graded into a comprehensive and progressive course of studies. Mr Taylor meets this difficulty with his extended discussions of specific topics and questions which have implications over the whole subject. (shrink)

Death, Posthumous Harm, and Bioethics offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues. Taylor defends the controversial Epicurean view that death is not a harm to the person who dies and the neo-Epicurean thesis that persons cannot be affected by events that occur after their deaths, and hence that posthumous harms are impossible. He then extends this argument by asserting that (...) the dead cannot be wronged, finally presenting a defence of revisionary views concerning posthumous organ procurement. (shrink)

_Death, Posthumous Harm, and Bioethics_ offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues. Taylor defends the controversial Epicurean view that death is not a harm to the person who dies and the neo-Epicurean thesis that persons cannot be affected by events that occur after their deaths, and hence that posthumous harms are impossible. He then extends this argument by asserting that (...) the dead cannot be wronged, finally presenting a defence of revisionary views concerning posthumous organ procurement. (shrink)

Many still oppose legalizing markets in human organs on the grounds that they are morally repugnant. I will argue in this paper that the repugnance felt by some persons towards sales of human organs is insufficient to justify their prohibition. Yet this rejection of the view that markets in human organs should be prohibited because some persons find them to be morally repugnant does not imply that persons’ feelings of distress at the possibility of organ sales are irrational. Eduardo Rivera-Lopez (...) argues that such instinctive distress is an appropriate response to the perception that certain kinds of arguments that are offered in favor of legalizing organ sales are “in an important sense, illegitimate.” Having argued that repugnance should not ground the prohibition of markets in human organs, I will also argue that the moral distress that some feel towards certain arguments that favor such markets is not rationally defensible, either. (shrink)

This is the first book to argue in favor of paying people for their blood plasma. It does not merely argue that offering compensation to plasma donors is morally permissible. It argues that prohibiting donor compensation is morally wrong--and that it is morally wrong for all of the reasons that are offered against allowing donor compensation. Opponents of donor compensation claim that it will reduce the amount and quality of plasma obtained, exploit and coerce donors, and undermine social cohesion. James (...) Stacey Taylor argues that empirical evidence demonstrates that compensating plasma donors greatly increases the amount of plasma obtained with no adverse effects on the quality of the pharmaceutical products that are manufactured from it. Prohibiting compensation thus harms patients by reducing their access to the medicines they need. He also argues that it is the prohibition of compensation--not its offer--that exploits donors, fails to respect the moral need to secure a person's authoritative consent to her treatment, and prevents donors from giving their informed consent to donate. Prohibiting compensation thus not only harms patients--it wrongs donors. Bloody Bioethics will appeal to researchers, advanced students, and medical professionals interested in bioethics, moral philosophy, and the moral limits of markets. (shrink)

Develops a taxonomy of the positions that are held by critics of markets. Taylor argues that market debates derailed because they were conducted in accord with market, rather than academic, norms--and that this demonstrates that market thinking should not govern academic research.

Autonomy has recently become one of the central concepts in contemporary moral philosophy and has generated much debate over its nature and value. This 2005 volume brings together essays that address the theoretical foundations of the concept of autonomy, as well as essays that investigate the relationship between autonomy and moral responsibility, freedom, political philosophy, and medical ethics. Written by some of the most prominent philosophers working in these areas, this book represents research on the nature and value of autonomy (...) that will be essential reading for a broad swathe of philosophers as well as many psychologists. (shrink)

I argue that wrong of plagiarism does not primarily stem from the plagiarist’s illicit misappropriation of academic credit from the person she plagiarized. Instead, plagiarism is wrongful to the degree to which it runs counter to the purpose of academic work. Given that this is to increase knowledge and further understanding plagiarism will be wrongful to the extent that it impedes the achievement of these ends. This account of the wrong of plagiarism has two surprising (and related) implications. First, it (...) follows from this account of the wrong of plagiarism that replication plagiarism might not be an academic wrong at all. (Replication plagiarism consists of the direct quotation or paraphrase of another’s work without attribution. The replication plagiarist thus plagiarizes primary sources, purloining for her own benefit the ideas of their authors). Second, even if replication plagiarism is still held to be an academic wrong, it will be a lesser wrong than bypass plagiarism. (Bypass plagiarism occurs when one quotes from, or provides a paraphrase of, a primary source, but although one cites the primary source one did not identify the quotation or provide the initial paraphrase oneself. Instead, one took the quotation, or drew upon an existing paraphrase, from a secondary source—and one did so without citing the secondary source to credit it as the source of one’s information about the primary source). Holding that bypass plagiarism is worse than replication plagiarizes reverses the usual assessment of the relative wrong of these two types of plagiarism. (shrink)

In recent years, there has been a considerable increase in the degree of philosophical attention devoted to the question of the morality of offering financial compensation in an attempt to increase the medical supply of human body parts and products, such as plasma. This paper will argue not only that donor compensation is ethically acceptable, but that plasma donors should not be prohibited from being offered compensation if they are to give their informed consent to donate. Regulatory regimes that prohibit (...) donor compensation thus unethically prevent the typical donor from being able to give her informed consent to donate. (shrink)

A standard objection to a market in political votes is that it will enable the rich politically to dominate the poor. If a market in votes was allowed then the poor would be the most likely sellers and the rich the most likely buyers. The rich would thus accumulate the votes of the poor, and so the candidates elected and the policies passed would represent only their interests and not those of the electorate as a whole. To ensure that the (...) poor do not become de facto disenfranchised, then, markets in votes should be disallowed. This objection seems so straightforward and compelling that it has received almost no critical scrutiny. This is unfortunate, for close examination reveals that this argument is not as straightforward as it initially appears. Indeed, there are four different ways of understanding this objection. It could be understood as expressing: the concern that markets in votes would enable candidates to win elections who would otherwise lose them; the concern that they would enable the election of candidates opposed by the majority of the electorate; the concern that they would lead to the poor having disproportionately low political influence; and the concern that they would lead to the rich having disproportionately high political influence. I will argue in this paper that only and could plausibly ground objections to markets in votes. Moreover, these will only plausibly ground objections to unrestricted markets in votes; they will not ground objections to markets in votes per se. Thus, if we are to continue to object to markets in political votes we will have to do this on grounds other than that were they to be allowed the rich will politically dominate the poor. (shrink)

If pressed to identify the philosophical foundations of contemporary bioethics, most bioethicists would cite the four-principles approach developed by Tom L Beauchamp and James F Childress,1 or perhaps the ethical theories of JS Mill2 or Immanuel Kant.3 Few would cite Aristotle's metaphysical views surrounding death and posthumous harm.4 Nevertheless, many contemporary bioethical discussions are implicitly grounded in the Aristotelian views that death is a harm to the one who dies, and that persons can be harmed, or wronged, by events that (...) occur after their deaths. The view that death is a harm to the one who dies infuses, for example, the debates over abortion and euthanasia, while the view that persons could be harmed or wronged after their deaths informs much of the debate over, for example, policies for the posthumous procurement of transplant and the ethics of research on the dead.In Death, Posthumous Harm, and Bioethics, I argue that we should reject this cluster of influential Aristotelian thanatological claims, and instead endorse a trio of views that together constitute what I term full-blooded epicureanism: That death is not a harm to the person who dies, and that persons can neither be harmed nor wronged by events that occur after their deaths. …. (shrink)

This paper offers the first moral defense of markets in votes in a democratic electoral system based on majority rule where there are no moral restrictions on how votes can be cast. In Part 1 I outline the type of vote buying that I defend in this paper, and defend my methodological assumption. In Part 2 I criticize Freiman’s arguments for legalizing vote buying. In Part 3 I outline and reply to some responses that could be made to my criticisms (...) of Freiman’s arguments. In Part 4 I draw from the flaws in Freiman’s arguments to argue that vote buying is morally permissible and defend these arguments against objections. (shrink)

In Markets Without Limits Brennan and Jaworski defend the view that there are “no legitimate worries about what we buy, trade, and sell.” But rather than being a unified defense of this position Brennan and Jaworski unwittingly offer three distinct pro-commodification views—two of which are subject to counterexamples. This Commentary will clarify what should be the thesis of their volume and identify the conditions that any counterexample to this must meet.

The UCLA Medical Center has initiated a “voucher program” under which a person who donated a kidney would receive a voucher that she could provide to someone of her choosing who could then use it to move to the top of the renal transplantation waiting list. If the use of such vouchers as incentives for donors is morally permissible, then cash payments for kidneys are also morally permissible. But, that argument faces five objections. First, there are some goods whose nature (...) allows them to be exchanged for similar goods but renders them monetarily inalienable. Hence, kidneys might be exchanged for kidneys but not sold for cash. Second, voucher programs respect donor autonomy, whereas the offer of cash payments does not. Third, the burden of proof lies with the advocates of cash payments for kidneys to show that their benefits would outweigh the costs of their legalization. Fourth, allowing cash payments for kidneys would stifle medical innovation. Fifth, allowing cash payments for kidneys would result in these organs being used as collateral to secure loans—and that this would disadvantage potential borrowers who did not want to risk their kidneys in this way. This paper will rebut all these objections. (shrink)

Many people attempt to give meaning to their lives by pursuing projects that they believe will bear fruit after they have died. Knowing that their death will preclude them from protecting or promoting such projects people who draw meaning from them will often attempt to secure their continuance by securing promises from others to serve as their caretakers after they die. But those who rely on such are faced with a problem: None of the four major accounts that have been (...) developed to explain directed promissory obligation (the Authority View, the Trust View, the Assurance View, and the Reliance View) support the view that we are obligated to keep our promises to persons who are now dead. But I will provide hope for those who wish to use such promises to protect the meaning with which they have endowed their lives. I will argue that while we cannot wrong a person who is now dead by breaking a promise made to her during her life, we could wrong the living by so doing. We thus (might) have reason to keep the promises that we made to those who are now dead. (shrink)

It is widely believed that the nature of love and friendship precludes them from being bought or sold. It will be argued in this paper that this view is false: There is no conceptual bar to the commodification of love and friendship. The arguments offered for this view will lead to another surprising conclusion: That these goods are asymmetrically alienable goods, goods whose nature is such that separate arguments must be provided for the views that they can be bought and (...) sold. The possibility of asymmetric alienability has not yet been recognized in the literature on commodification. (shrink)

In this article I respond to the constructive criticisms of my views in Markets with Limits that have been developed by Amy E. White, Roderick T. Long, and Julian Koplin. I also outline how Jason Brennan and Peter Jaworski have surreptitiously altered their position in the second edition of their book Markets Without Limits—alterations that they appear to have made in response to my criticisms. First, they have changed the view that they attribute to those they identify as anti-commodification theorists (...) in response to my claim that none of them hold the position that they attribute to them. Second, they have altered their definition of what constitutes a “semiotic” objection to markets. I argue that none of these changes successfully address my initial criticisms. By contrast, I believe that the revisions that I make to my views in response to the objections of White and Long address their concerns, and I concur with Koplin’s development of my views in the context of the use of AI. (shrink)

A common criticism of plurality voting is that it fails to reflect the degree of intensity with which voters prefer the candidate or policy that they vote for. To rectify this, many critics of plurality voting have argued that vote buying should be allowed. Persons with more intense preferences for a candidate could buy votes from persons with less intense preferences for the opposing candidate and then cast them for the candidate that they intensely support. This paper argues that instead (...) of better reflecting voters’ weighted preferences, vote buying will lead to electoral outcomes that reflect them less accurately. (shrink)

The Western focus on personal autonomy as the normative basis for securing persons’ consent to their treatment renders this autonomy-based approach to informed consent vulnerable to the charge that it is based on an overly atomistic understanding of the person. This leads to a puzzle: how does this generally-accepted atomistic understanding of the person fits with the emphasis on familial consent that occurs when family members are provided with the opportunity to veto a prospective donor’s wish to donate after she (...) has died and her organs are being considered for harvesting? It is argued in this paper that this charge can be met and this puzzle dissolved once it is recognized that autonomy is an inherently social concept. (shrink)

In 'Stakes and Kidneys' the author discusses various ethical issues surrounding the international trade in human organs.

Christopher Freiman, Jason Brennan, and Peter M. Jaworski have recently defended markets in votes. While their views differ in several respects they all believe that the primary justificatory burden lies not with those who defend markets in votes but with those who oppose them. Yet while the burden of proof should typically rest with those who wish to prohibit markets in certain goods this does not hold for the debate over markets in votes. Votes are crucially different from other goods (...) in that for a market in them to exist, it is not enough that it be legalized; it must also be provided with institutional support so that the buyer of a vote would know that it has been cast as she wished. Defenders of markets in votes must thus provide positive arguments for the view that markets in votes should be institutionally facilitated—they cannot simply try to shift the burden of proof onto those who oppose them. This is bad news for those who defend the legalization of vote-buying, for none of the positive arguments that Freiman has offered in favor of the legalization of this type of vote-buying are sound. (shrink)

Legal prohibitions on the financial compensation of donors are frequently justified by appealing either to concerns about patient safety or to concerns about the putatively unethical nature of such compensation. But jurisdictions that legally prohibit the financial compensation of donors routinely import plasma that has been collected from financially compensated donors—and they do so knowing its origins. I outline some possible ways in which this puzzle could be resolved and find them all wanting. Focusing on Canada I draw upon public (...) documents to explain how many provinces came to have its apparently puzzling approach to plasma procurement. I then argue that the actions of those who support this approach to plasma procurement are immoral. (shrink)

It is widely accepted that a person can be harmed by events that occur after her death. The most influential account of how persons can suffer such posthumous harm has been provided by George Pitcher and Joel Feinberg. Yet, despite its influence (or perhaps because of it) the Feinberg-Pitcher account of posthumous harm has been subject to several well-known criticisms. Surprisingly, there has been no attempt to defend this account of posthumous harm against these criticisms, either by philosophers who work (...) on the metaphysics of death or by those who draw upon this account of posthumous harm in their work in other philosophical fields. This paper will rectify this omission, by defending this view against the criticisms it has been subject to—a defense that will both be of intrinsic interest to those who work on the metaphysics of death and that will remedy the lacunae in the wide-ranging philosophical literature that draws upon this account of how posthumous harm is possible. (shrink)

In a recent series or books and articles Jason Brennan and Peter M. Jaworski (writing both together and separately) have developed criticisms of what they term “semiotic” arguments. They hold that these arguments are widely used both to criticize markets in certain goods, to defend democracy, and criticize epistocracy. Their work on semiotics is now widely (and approvingly) cited. In this paper I argue that there is no reason to believe that any defenders of democracy or critics of epistocracy have (...) offered semiotic arguments for their positions. I then explain how the operation of academic incentives has led to this being overlooked by both Brennan and Jaworski and their critics. I conclude with suggestions for how to revise peer review so that such errors are less likely to be made in the future. (shrink)

In 2013 the World Health Organization published a Report in which it was argued that countries should become self-sufficient in safe blood and blood products, and that these should be secured through voluntary non-remunerated donation. These two claims were putatively supported by a wealth of citations to peer-reviewed academic papers, the results of Royal Commissions and Public Inquiries in both Canada and the United Kingdom, and data collected from Non-Government Organizations. Yet not only do many of the sources cited by (...) the authors of this WHO Report fail to support their conclusions, many support conclusions that are the opposite of those that they draw. The aim of this paper is not, however, to argue against the conclusions of this Report. Instead, it is to argue that its authors were culpably negligent in its writing, in that they failed to take reasonable care to ensure that their conclusions were supported by the evidence, and in so doing exposed third parties to risks of harm to which they had not consented. (shrink)

Jacob Sparks has developed a semiotic critique of markets that is based on the fact that “market exchanges express preferences.” He argues that some market transactions will reveal that the purchaser of a market good inappropriately prefers it to a similar non-market good. This avoids Brennan and Jaworski’s criticism that semiotic objections to markets fail as the meaning of market transactions are contingent social facts. I argue that Sparks’ argument is both incomplete and doomed to fail. It can only show (...) that some preferences are morally problematic, not that the transactions that they lead to are immoral. (shrink)

For almost the past three decades the model of autonomy which has dominated philosophical discussion of this concept has been the "hierarchical" model, which has been independently developed and defended by Harry Frankfurt, Gerald Dworkin and John Christman, and which is primarily concerned with what makes a person autonomous with respect to her first-order desires. It is argued that all versions of the hierarchical model of personal autonomy are based upon a theoretical mistake, and so should be rejected. This mistake (...) is to focus upon the person's attitude towards the desire in question. Such attitude-based approaches will be mistaken because it is always possible to raise the question as to whether the person is autonomous with respect to this attitude itself. With this rejection of the hierarchical analyses of autonomy in hand it is argued that a person is autonomous with respect to her first-order desires to the extent that she has critically reflected upon the beliefs which lead her to have them. This belief-based approach to autonomy enjoys several advantages over its attitudebased rivals. It avoids all of the problems that are faced by the attitude-based models offered by Frankfurt et al., and it is also able to recognize a richer taxonomy of desire than they are. Moreover, this account of autonomy is not committed to either a Humean or an anti-Humean model of motivation. ;With the defense of the belief-based model of autonomy in hand, it is then applied to three distinct debates within applied ethics; social ethics , business ethics , and medical ethics' focus on the Principle of Respect for Autonomy. This part of the dissertation concludes by observing that in all three of these particular debates it is not autonomy that is of primary concern, but well-being, subjectively understood. (shrink)

This is the first volume in which an account of personal autonomy is developed that both captures the contours of this concept as it is used in social philosophy and bioethics, and is theoretically grounded in, and a part of, contemporary autonomy theory. James Stacey Taylor’s account is unique as it is explicitly a political one, recognizing that the attribution of autonomy to agents is dependent in part on their relationships with others and not merely upon their own (...) mental states. The volume is distinctive in its examples, which touch on the ethics of using inducements to encourage persons to participate in medical research, the ethical issues associated with the use of antibiotics, and the ethical basis for both patient confidentiality and informed consent. (shrink)

In recent years a concern with the value of personal autonomy has come to dominate discussions in medical ethics. This emphasis on autonomy has naturally led to discussions of what criteria must be met for a person to be autonomous, or to be autonomous with respect to her decisions, her actions, or those of her desires that motivate her to make or to perform the decisions or the actions that she makes or does. It has also led to discussions of (...) whether autonomy is valuable in itself, instrumentally valuable, or whether its value is a combination of the two: that a person’s autonomy is valuable to her not merely as a means to securing something else that she finds valuable, but is valuable as its possession is part of what makes her life go well.Questions that concern the value of autonomy are necessarily linked to the prior question of the precise nature of autonomy. There are two main approaches to answering this question within the Western philosophical tradition. The first is Kantian .. (shrink)

This paper explores a remarkable convergence of ideas and evidence, previously presented in separate places by its authors. That convergence has now become so persuasive that we believe we are working within substantially the same broad framework. Taylor's mathematical papers on neuronal systems involved in consciousness dovetail well with work by Newman and Baars on the thalamocortical system, suggesting a brain mechanism much like the global workspace architecture developed by Baars (see references below). This architecture is relational, in the (...) sense that it continuously mediates the interaction of input with memory. While our approaches overlap in a number of ways, each of us tends to focus on different areas of detail. What is most striking, and we believe significant, is the extent of consensus, which we believe to be consistent with other contemporary approaches by Weiskrantz, Gray, Crick and Koch, Edelman, Gazzaniga, Newell and colleagues, Posner, Baddeley, and a number of others. We suggest that cognitive neuroscience is moving toward a shared understanding of consciousness in the brain. (shrink)

Schweda and Schicktanz argue that the debate over the ethics of using financial incentives to procure human transplant organs rests on socioempirical premises that need to be critically assessed. They contend that once this is achieved a completely new perspective on the debate should be adopted, with organ donation being viewed primarily as a reciprocal social interaction between donor and recipient. This paper challenges this conclusion, arguing that rather than supporting a new perspective on the debate over the commercial procurement (...) of organs, the observations of Schweda and Schicktanz support the view that human organs should be commercialized. (shrink)

A common argument used to defend markets in ‘contested commodities’ is based on the value of personal autonomy. Autonomy is of great moral value; removing options from a person's choice set would compromise her ability to exercise her autonomy; hence, there should be a prima facie presumption against removing options from persons’ choice sets; thus, the burden of proof lies with those who wish to prohibit markets in certain goods. Christopher Freiman has developed a version of this argument to defend (...) markets in votes. I argue that Freiman's argument fails, and that its failure illustrates the falsity of the widespread claim that the more options a person has available to her the better able she will be to exercise her autonomy. In Part 1, I outline Freiman's argument from ‘the presumption of voter liberty’ for legalising markets in votes. In Part 2, I argue that the option to sell one's vote in a legal market for them would be a ‘constraining option’ – an option which, if chosen, would be likely to lead to a diminution in a person's future ability to exercise her autonomy. In Part 3, I respond to objections to my arguments. (shrink)