Joel Feinberg, Offense to Others New York: Oxford University Press, 1985, xix + 328 pp.

Knowledge of others, then, has value; so does immunity from being known. The ability to extend one's knowledge has value; so does the ability to limit other's knowledge of oneself. I have claimed that no interest can count as a right unless it clearly outweighs opposing interests whose presence is logically entailed. I see no way to establish that my interest in not being known, simply as such, outweighs your desire to know about me. I acknowledge the intuitive attractiveness of (...) such a position; but my earlier discussion concluded that the value of privacy is ease, and the value of knowledge is understanding - and it's not obvious that either outweighs the other. Nor is it obvious that the freedom and autonomy which result from the power to limit what others know is more significant than the freedom and autonomy which result from the power to extend one's knowledge. I believe the intuitive attractiveness of the belief that privacy values outweigh knowledge values lies in the entirely correct belief that a society without any privacy would be unpleasant. But a society without mutual knowledge would be impossible.I conclude therefore that there is no right to privacy nor to control over it. Nevertheless, each of these things is a good, and a good made possible (given the presence of other people) by social structures. A desirable society will provide both privacy and control over privacy to some extent. Nothing in my analysis helps determine what the proper extent is, nor what areas of life particularly deserve protection. Those who would argue that privacy and control over it are entailed by respect for persons should, I think, choose instead some particular areas central to being a person, to counting as a person, and then show how one is less likely to exercise one's capacities there fully without privacy or without control over it. Although Gerstein's attempt fails because he inaccurately defines intimacy as a kind of absorption and incorrectly opposes absorption with publicity, I think it is the kind of attempt which must be made. Furthermore, he has probably chosen the right area of life - if anything has a special claim to privacy it is probably the union between people who care for one another. The value of being together alone may be more significant than the value of being alone, if only because words and actions are public while thoughts are not. But I will not try to develop that argument here.In any case both privacy and control over it are social goods; on egalitarian grounds they should, ceteris paribus, be equally available to everyone. This helps explain the “dehumanizing” effect of institutions which provide no privacy at all- prisons and some mental institutions. It is not so much that the inmates are totally known; it is rather that those who know them are not so fully known by them; further, that the staff has a great deal of control over what they disclose of themselves, and the inmates very little. The asymmetry of knowledge in those institutions is one aspect of the asymmetry of power; the completely powerless are likely to feel dehumanized.My analysis also helps account for the wrongness of covert observation. It is not simply that the observer violates the wishes of the observed, for the question is whose wishes trump. The observer is violating the justified expectations of the observed: expectations supported by weighty social conventions. These have more moral weight than simple desires do. The peeping torn is violating a convention which structures the distribution of knowledge, a convention from which he benefits. Without it his own activities might well be impossible. He might be more easily caught; or his victim, less trusting, might choose houses without windows. More deeply, the thrill of what he is doing depends on the existence of the convention. Even morally permissible excitement - the suggestiveness of some clothing- would disappear without conventions about nudity. Presumably, too, there are elements of his own personal life for which he values his privacy. He is on grounds of justice obligated to observe the rule which makes his benefits possible.(Some claims to privacy result from personal predilections, rather than from convention. Parent describes a person who is extremely sensitive about being short, for instance, and does not want his exact height to be common knowledge. Parent, p. 346. The grounds for these claims are obviously different from those I've been discussing. The grounds are the moral obligation not to cause needless pain, or, if the information was given in confidence, to keep one's promises.) Although there is no right to privacy or to control over it as such, there is a right to equality of consideration and to a just distribution of benefits and burdens. To put it another way: there is no natural human right to privacy or to control over it; but a good society will provide some of each, and justice requires that the rules of a good society be observed. This paper was written during Joel Feinberg's 1984 NEH Summer Seminar. I am indebted to NEH for funding, and to Professor Feinberg and the other members of the seminar for helpful comments. (shrink)

ABSTRACT I present and assess arguments both for and against censorship of pornography, explaining why the case on each side is inconclusive. In an effort to move beyond issues of censorship and to address the growing problem of violence in pornography, I propose a distinction between erotica and violent pornography. I then utilise this distinction to evaluate the moral status of, and certain social responses to, violent pornography. I show why most arguments that violent pornography is morally wrong rest on (...) assumptions that either may not be true or do not apply to all instances of violent pornography. I also indicate why the only unconditional moral argument against violent pornography—an argument I find reasonable—will not be universally acceptable. Finally, I discuss two alternatives to censoring violent pornography. I argue that the first, which adapts Joel Feinberg's right of reasonable avoidability, is too weak, while the second, which advocates refusing all subsidy and support for violent pornography, is ultimately too strong as a social response in a society committed to freedom. (shrink)

Most of us have certain intuitions about moral rights, at least partially captured by the ideas that: (A) rights carry special weight in moral argument; (B) persons retain their rights even when they are legitimately infringed; although (C) rights undoubtedly do conflict with one another, and are sometimes overridden as well by nonrights considerations. I show that Dworkin's remarks about rights allow us to affirm (A), (B), and (C), yet those remarks are extremely vague. I then argue that Feinberg's (...) more comprehensive and precise theory, designed to do justice to all three theses, cannot assure us of (A), that rights are not merely one consideration to be weighed in the balance with heterogeneous others. I show how Feinberg accepts (C) despite being drawn toward an alternative absolutist theory of rights and commits himself to (B) through his rejection of prima facie rights. But his promising distinction between recognition and enforcement of a right, which helps give some sense to (B) despite its tension with (C), undermines the force of rights in moral argument apparently intended by (A). We thus learn that Feinberg's and Dworkin's accounts of rights are incompatible, though each is correct in important ways. Contrasting their views allows us to clarify the implications and consistency of alternative theses about rights, one step toward meeting the challenge of developing a theory which shows more adequately how respect for rights is to be combined with other intuitions about rights and their relation to other values. (shrink)

In The Realm of Rights Judith Thomson provides a full-scale, systematic theory of human and social rights, bringing out what in general makes an attribution of ...

It describes and explains the patient-centered model examining and evaluating qualitative and quantitative research. It comprehensively covers the evolution and the six interactive components of the patient-centered clinical method, taking the reader through the relationships between the patient and doctor and the patient and clinician. All the editors are professors in the Department of Family Medicine at the University of Western Ontario, London, Canada.

In this dissertation I argue for a theory of rectificatory justice, and apply that theory to circumstances involving two social groups generally thought to have been historically wronged, viz., Native Americans and African Americans. ;Development of a conception of rectificatory justice is begun in Chapter 1 by examining the distinction between distributive justice and rectificatory justice, and by suggesting a theory of compensation. It is argued that the notion of compensation cannot provide an adequate ground for a species of justice. (...) ;I argue in Chapter 2 that a taxonomy of justice ought to consist of only two species, viz., distributive justice and rectificatory justice. In addition to compensation, the view of rectification argued for includes accounts of restoration, apology, and punishment. Some theories of so-called corrective justice are examined, and are found to be morally inadequate. ;In Chapter 3, I examine several views of a right to compensation, including those of Joel Feinberg and Judith Jarvis Thomson. Jules Coleman's claim that a requirement in justice for compensation can arise without the transgression of rights is examined and then rejected. ;After suggesting a theory of social groups, and adopting Allen Buchanan's account of groups rights, I argue in Chapter 4 that rectification rights can be legitimately ascribed to social groups. I assess the practical implications of my theory of rectificatory justice by applying it to two cases. In the first case, I argue that the fishing rights that were restored to Native American tribes of the Northwest as a result of U.S. v. Washington are justified when grounded on their right to rectification; hence, the claim that the restoration of these rights constituted an injustice to non-Native American fishing interests is mistaken. In the second case, I show how a right to rectification can legitimately be ascribed to African Americans as a group. ;The dissertation concludes with Chapter 5, where I consider several justificatory arguments for a moral statute of limitations on injustice. I conclude that a significant part of any such argument must ultimately rest on our judgements about competing claims. (shrink)

How should we live? What do we owe to other people? In Goodness and Advice, the eminent philosopher Judith Jarvis Thomson explores how we should go about answering such fundamental questions. In doing so, she makes major advances in moral philosophy, pointing to some deep problems for influential moral theories and describing the structure of a new and much more promising theory. Thomson begins by lamenting the prevalence of the idea that there is an unbridgeable gap between fact and (...) value--that to say something is good, for example, is not to state a fact, but to do something more like expressing an attitude or feeling. She sets out to challenge this view, first by assessing the apparently powerful claims of Consequentialism. Thomson makes the striking argument that this familiar theory must ultimately fail because its basic requirement--that people should act to bring about the "most good"--is meaningless. It rests on an incoherent conception of goodness, and supplies, not mistaken advice, but no advice at all. Thomson then outlines the theory that she thinks we should opt for instead. This theory says that no acts are, simply, good: an act can at most be good in one or another way--as, for example, good for Smith or for Jones. What we ought to do is, most importantly, to avoid injustice; and whether an act is unjust is a function both of the rights of those affected, including the agent, and of how good or bad the act is for them. The book, which originated in the Tanner lectures that Thomson delivered at Princeton University's Center for Human Values in 1999, includes two chapters by Thomson ("Goodness" and "Advice"), provocative comments by four prominent scholars--Martha Nussbaum, Jerome Schneewind, Philip Fisher, and Barbara Herrnstein Smith--and replies by Thomson to those comments. (shrink)

In my contribution to this volume, I (BHS) comment on on the stultifying rhetoric of contemporary analytic moral theory as illustrated in Judith Jarvis Thomson's Tanner Lectures, with particular reference to Thomson's anxieties about the moral relativism exhibited by college freshman and to her efforts--quite strained, in my view, and inevitably unsuccessful--to demonstrate the existence of objective judgments in matters of morality and taste .

Introduction : low theory -- Animating revolt and revolting animation -- Dude, where's my phallus? forgetting, losing, looping -- The queer art of failure -- Shadow feminisms : queer negativity and radical passivity -- "The killer in me is the killer in you" : homosexuality and fascism -- Animating failure: ending, fleeing, surviving.

In “Abortion and Ownership” John Martin Fischer argues that in Judith Jarvis Thomson’s violinist case you have a moral obligation not to unplug yourself from the violinist. Fischer comes to this conclusion by comparing the case with Joel Feinberg’s cabin case, in which he contends a stranger is justified in using your cabin to stay alive. I argue that the relevant difference between these cases is that while the stranger’s right to life trumps your right to property in (...) the cabin case, the violinist’s right to life does not trump your right to liberty in the violinist case. (shrink)

Accumulating evidence for the unique social, behavioral, and physical health benefits of positive emotion and related well-being constructs has led to the development and testing of positive psychological interventions to increase emotional well-being and enhance health promotion and disease prevention. PPIs are specifically aimed at improving emotional well-being and consist of practices such as gratitude, savoring, and acts of kindness. The purpose of this narrative review was to examine the literature on PPIs with a particular focus on positive emotion outcomes. (...) We evaluated the evidence on the effects of PPIs on positive emotion specifically, and discussed the range of evidence regarding the relative responsiveness of emotion measures to PPIs in order to gain a better understanding of the specific emotional pathways through which PPIs influence psychological and physical well-being. We conclude with recommendations for best evaluating effects of PPIs on positive emotion outcomes. (shrink)

Deeply understood, democracy is more than a "formal" institutional framework for which America provides the model, acting as a preferable alternative to the modern totalitarian regimes that have distorted social life around the world. At its core, as John Dewey understood, democracy is a realistic ideal, a desired and desirable future possibility that is yet-to-be. In this period of global crises in differing cultures, a shared environment, and an increasingly globalized political economy, this book provides a clear contemporary articulation of (...) deep democracy that can guide an evolutionary deepening of democratic institutions, of habits of the heart, and of the processes of education and social inquiry that support them. (shrink)

Many people believe the morality of abortion stands or falls on the moral status of the fetus, with abortion opponents arguing fetuses are persons with a right to life. Judith Jarvis Thomson bypasses this debate, arguing that even if we assume fetuses have a right to life, this is not a right to use other people’s bodies. Recently Perry Hendricks attempts to bypass discussion of rights, assuming that if he can show that some people have a right to use (...) other’s bodies, then we ought to restrict abortion (and perhaps compel organ donation, charity, etc.). Hendricks attempts to illustrate this by way of a Feinberg-style cabin case. I argue Hendricks’ restrictivist argument fails. (shrink)

Many nonhuman animals have the emotional capacities to form caring relationships that matter to them, and for their immediate welfare. Drawing from care ethics, we argue that these relationships also matter as objectively valuable states of affairs. They are part of what is good in this world. However, the value of care is precarious in human-animal interactions. Be it in farming, research, wildlife ‘management’, zoos, or pet-keeping, the prevention, disruption, manipulation, and instrumentalization of care in animals by humans is ubiquitous. (...) We criticize a narrow conception of welfare that, in practice, tends to overlook non-experiential forms of harm that occur when we interfere with caring animals. Additionally, we point out wrongs against caring animals that are not just unaccounted for but denied by even an expansive welfare perspective: The instrumentalization of care and caring animals in systems of use can occur as a harmless wrong that an approach purely focused on welfare may, in fact, condone. We should therefore adopt an ethical perspective that goes beyond welfare in our dealings with caring animals. (shrink)

Focusing on forests and trees, this book investigates how relations between society and nature change over time. It traces historical perceptions and woodland management practices, explores the rise of scientific forestry methods, discusses in depth the organizational culture of the Forestry Commission, and considers the claim that present-day forestry has become a postmodern phenomenon.

PurposeTo evaluate the relationship between intraocular straylight perception and: (i) contrast sensitivity (CS), (ii) halo size, and (iii) hazard recognition distance, in the presence and absence of glare.Subjects and methodsParticipants were 15 (5 female) ophthalmologically healthy adults, aged 54.6–80.6 (median: 67.2) years. Intraocular straylight (log s) was measured using a straylight meter (C-Quant; Oculus GmbH, Wetzlar, Germany). CS with glare was measured clinically using the Optovist I device (Vistec Inc., Olching, Germany) and also within a driving simulator using Landolt Cs. (...) These were presented under both static or dynamic viewing conditions, and either with or without glare. Hazard detection distance was measured for simulated obstacles of varying contrast. For this, the participant was required to maintain a speed of 60 km/h within a custom-built nighttime driving simulator. Glare was simulated by LED arrays, moved by cable robots to mimic an oncoming car’s headlights. Halo size (“halometry”) was measured by moving Landolt Cs outward originating from the center of a static glare source. The outcome measure from “halometry” was the radius of the halo (angular extent, in degrees visual angle).ResultsThe correlation between intraocular straylight perception, log s, and hazard recognition distance under glare was poor for the low contrast obstacles (leading/subdominant eye: r = 0.27/r = 0.34). Conversely, log CS measured with glare strongly predicted hazard recognition distances under glare. This was true both when log CS was measured using a clinical device (Optovist I: r = 0.93) and within the driving simulator, under static (r = 0.69) and dynamic (r = 0.61) conditions, and also with “halometry” (r = 0.70). Glare reduced log CS and hazard recognition distance for almost all visual function parameters.ConclusionIntraocular straylight was a poor predictor of visual function and driving performance within this experiment. Conversely, CS was a strong predictor of both hazard recognition and halo extent. The presence of glare and motion lead to a degradation of CS in a driving simulator. Future studies are necessary to evaluate the effectiveness of all above-mentioned vision-related parameters for predicting fitness to drive under real-life conditions. (shrink)

The Proceedings of the National Summit on Legal Preparedness for Obesity Prevention and Control is based on a two-part conceptual framework composed of public health and legal perspectives. The public health perspective comprises the six target areas and intervention settings that are the focus of the obesity prevention and control efforts of the Centers for Disease Control and Prevention.This paper presents the legal perspective. Legal preparedness in public health is the underpinning of the framework for the four “assessment” papers and (...) the four “action” papers that are integral to the application of public health law to any particular health issue. In addition, this paper gives real-world grounding to the legal framework through examples that illustrate the four core elements of legal preparedness in public health that are at work in obesity prevention and control. (shrink)

The Proceedings of the National Summit on Legal Preparedness for Obesity Prevention and Control is based on a two-part conceptual framework composed of public health and legal perspectives. The public health perspective comprises the six target areas and intervention settings that are the focus of the obesity prevention and control efforts of the Centers for Disease Control and Prevention.This paper presents the legal perspective. Legal preparedness in public health is the underpinning of the framework for the four “assessment” papers and (...) the four “action” papers that are integral to the application of public health law to any particular health issue. In addition, this paper gives real-world grounding to the legal framework through examples that illustrate the four core elements of legal preparedness in public health that are at work in obesity prevention and control. (shrink)

Reply to critics Content Type Journal Article Pages 1-13 DOI 10.1007/s11098-011-9735-0 Authors Judith Jarvis Thomson, Department of Linguistics & Philosophy, Massachusetts Institute of Technology, 77 Massachusetts Avenue, 32-d808, Cambridge, MA 02139-4307, USA Journal Philosophical Studies Online ISSN 1573-0883 Print ISSN 0031-8116.

En este artículo, presentamos algunos de los factores que inciden en la vulnerabilidad educativa de las personas con discapacidad. Partimos de la discusión sobre lo que entendemos por vulnerabilidad, para posteriormente analizar algunas cuestiones que intervienen en la exclusión de este colectivo y que apuntan tanto al nivel social como a las condiciones de los sistemas educativos.

Taiwan was affected by an outbreak of severe acute respiratory syndrome (SARS) in early 2003. A questionnaire survey was conducted to determine (1) the perceptions of risk of SARS infection in nurses; (2) the proportion of nurses considering leaving their job; and (3) work as well as non-work factors related to nurses' consideration of leaving their job because of the SARS outbreak. Nearly three quarters (71.9%) of the participants believed they were 'at great risk of exposure to SARS', 49.9% felt'an (...) increase in workload', and 32.4% thought that people avoided them because of their job; 7.6% of the nurses not only considered that they should not care for SARS patients but were looking for another job or considering resignation. The main predictors of nurses' consideration of leaving their job were shorter tenure, increased work stress, perceived risk of fatality from SARS, and affected social relationships. The findings are important in view of potential impending threats of pandemics such as avian influenza. (shrink)

: New genetic technologies continue to emerge that allow us to control the genetic endowment of future children. Increasingly the claim is made that it is morally "irresponsible" for parents to fail to use such technologies when they know their possible children are at risk for a serious genetic disorder. We believe such charges are often unwarranted. Our goal in this article is to offer a careful conceptual analysis of the language of irresponsibility in an effort to encourage more care (...) in its use. Two of our more important sub-claims are: A fair judgment of genetic irresponsibility necessarily requires a thick background description of the specific reproductive choice; and there is no necessary connection between an act's being morally wrong and its being irresponsible. These are distinct judgments requiring distinct justifications. (shrink)

In everyday contexts we do numerous things together. Philosophers of collective intentionality have wondered how we can distinguish parallel cases from cases where we act together. Often their theories argue in favor of one characteristic, feature, or function, that differentiates the two. This feature then distinguishes parallel actions from joint action. The approach in this book is different. Three claims are developed: (1) There are several functions that help human agents coordinate and act together. (2) This entails that joint action (...) should be understood through these different, interrelated, types of coordination. (3) A multidimensional conceptual space, with three levels of control and coordination, will allow us to connect these different forms of coordination and their interdependencies. This allows us to understand the jointness of an action in a more differentiated and encompassing way. This approach has ramifications for several distinctions that are typically understood to be binary, including those between action and mere bodily movement, joint action and parallel action, and action together and not together. (shrink)

Dichotomous thinking about mental phenomena is abundant in philosophy. One particularly tenacious dichotomy is between “automatic” and “controlled” processes. In this characterization automatic and unintelligent go hand in hand, as do non-automatic and intelligent. Accounts of skillful action have problematized this dichotomous conceptualization and moved towards a more nuanced understanding of human agency. This binary thinking is, however, still abundant in the philosophy of joint action. Habits and skills allow us agentic ways of guiding complex action routines that would otherwise (...) overwhelm our reflective capacities. In this paper, I look at how theories of skill, habit, and know-how in individual action can inform a non-dichotomous account of joint action. I argue that a fuller understanding of joint agency has to understand not only group know-how, but also the role of attention and the highly integrated types of control that allow agents to act together. (shrink)

Dichotomous thinking about mental phenomena is abundant in philosophy. One particularly tenacious dichotomy is between “automatic” and “controlled” processes. In this characterization automatic and unintelligent go hand in hand, as do non-automatic and intelligent. Accounts of skillful action have problematized this dichotomous conceptualization and moved towards a more nuanced understanding of human agency. This binary thinking is, however, still abundant in the philosophy of joint action. Habits and skills allow us agentic ways of guiding complex action routines that would otherwise (...) overwhelm our reflective capacities. In this paper, I look at how theories of skill, habit, and know-how in individual action can inform a non-dichotomous account of joint action. I argue that a fuller understanding of joint agency has to understand not only group know-how, but also the role of attention and the highly integrated types of control that allow agents to act together. (shrink)

The “reproductive suppression hypothesis” states that the strong desire of adolescent girls in our culture to control their weight may reflect the operation of an adaptive mechanism by which ancestral women controlled the timing of their sexual maturation and hence first reproduction, in response to cues about the probable success of reproduction in the current situation. We develop a model based on this hypothesis and explore its behavior and evolutionary and psychological implications across a range of parameter values. We use (...) the process of model development to identify assumptions implicit in the reproductive suppression hypothesis and variables that need to be measured in order to investigate it more fully. In addition, because costs were probably associated with weight control, an important part of this analysis is the specification of situations in which the benefits of adaptive adjustment of the maturation schedule could have outweighed the costs of achieving that adjustment by slowing adolescent weight gain. (shrink)

High profile breaches of data security in government and other organizations are becoming an increasing concern amongst members of the public. Academic researchers have rarely discussed data security issues as they affect research, and this is especially the case for qualitative social researchers, who are sometimes disinclined to technical solutions. This paper describes 14 guidelines developed to help qualitative researchers improve the security of their digitally-created and stored data. We developed these procedures after the theft of a laptop computer containing (...) highly sensitive data from the home of a fieldworker. This paper introduces the ‘principle of proliferation’: digitally-created and stored files tend to proliferate during the course of a research project by virtue of fact that they can and are copied and shared as research progresses from data collection through to analysis and archive. Our guidelines were designed as concrete strategies that researchers embarking on a project can employ, particularly researchers working in teams, to accommodate this proliferation and reduce it where possible. (shrink)