Non-therapeutic genetic testing in childhood presents a “myriad of ethical questions”; questions which are discussed and resolved in professional policy and position statements. In this paper we consider an underdiscussed but strongly influential feature of policy-making, the role of selective case and exemplar in the production of general recommendations. Our analysis, in the tradition of rhetoric and argumentation, examines the predominate use of three particular disease exemplar to argue for or against particular genetic tests. We discuss the influence these choices (...) have on the type and strength of subsequent recommendations. We argue that there are lessons to be drawn about how genetic diseases are conceptualised and we caution against the geneticisation of medical policy making. (shrink)

We surveyed 1005 postdoctoral fellows by questionnaire about ethical matters related to biomedical research and publishing; 33% responded. About 18% of respondents said they had taken a course in research ethics, and about 31% said they had had a course that devoted some time to research ethics. A substantial majority stated willingness to grant other investigators, except competitors, access to their data before publication and to share research materials. Respondents’ opinions about contributions justifying authorship of research papers were mainly consistent (...) but at variance with those of many biomedical journal editors. More than half said they had observed what they considered unethical research practices. To increase the chances of getting a grant funded, 27% said they were willing to select or omit data to improve their results; to make publication of their work more likely or to benefit their career, 15% would select or omit data and 32% would list an undeserving author. Of respondents who thought they had been unfairly denied authorship on a paper, or been listed with or asked to list an undeserving author, 75% said they would be willing to list an undeserving author (P<0.001). Having taken a course dealing with research ethics had no effect on stated willingness to select or omit data or to fabricate data in the future, but was positively associated with willingness to grant undeserved authorship (P<0.04). Although these results do not controvert research demonstrating the effectiveness of ethics courses during professional education, they indicate that the research environment is a powerful component of a trainee’s experience and ethical development. (shrink)

The rhetoric of reconciliation is common in situations where traditional judicial responses to past wrongdoing are unavailable because of corruption, large numbers of offenders, or anxiety about the political consequences. But what constitutes reconciliation?

I ARGUE THAT WE RECEIVE PLEASURE FROM TRAGEDIES BECAUSE WE ARE PLEASED TO FIND OURSELVES RESPONDING IN AN UNPLEASANT WAY TO HUMAN SUFFERING AND INJUSTICE. THE PLEASURE IS THUS A METARESPONSE, AND REFLECTS FEELINGS WHICH ARE AT THE BASIS OF MORALITY. THIS HELPS EXPLAIN WHY TRAGEDY IS SUPPOSED TO BE A HIGHER ART FORM THAN COMEDY, AND PROVIDES A NEW WAY OF SEEING THE RELATIONSHIP BETWEEN THE MORALITY OF AN ARTWORK AND ITS VALUE.

I defend a form of preventive detention through the creation of an offence of ‘being a persistent violent dangerous offender’. This differs from alternative proposals and actual habitual offender laws that impose extra periods of incarceration on offenders after they have completed the sentence for their most recent crime or as a result of a certain number of prior convictions. I, instead, would make ‘being a persistent violent dangerous offender’ an offence itself. Persons to be preventively detained would be tried (...) and convicted of this offence. My approach would then have one significant advantage: provided the elements of being a PVDO could be rendered sufficiently determinate, punishing persons under such an offence would comport with central rule of law values, most importantly legality and fair notice, as well as principles of proportionality in sentencing. (shrink)

At the end of Section III of “Freedom and Resentment,” just after he has drawn our attention to the reactive attitudes, P. F. Strawson remarks, “The object of these commonplaces is to try to keep before our minds something it is easy to forget when we are engaged in philosophy, especially in our cool, contemporary style, viz., what it is actually like to be involved in ordinary inter-personal relationships, ranging from the most intimate to the most casual.” It is striking, (...) then, that the proponent of so thoroughly naturalistic an account of moral responsibility seems himself largely to ignore the fact that moral agents do not spring into existence ab initio. The adult moral agent, who is the central character of normative theory and of accounts of moral responsibility, was once a child. Our juvenile selves get a mention in Strawson’s paper, but only as examples of creatures who are paradigmatically not responsible or who inhabit “a borderline, penumbral area ” with respect to responsibility. Thus it remains a mystery, on Strawson’s account, how we become the morally responsible creatures he takes us to be. (shrink)

ABSTRACT In establishing National Bioethics Organisations (NBOs), liberal democracies seek to acknowledge the diversity of strongly held ethical positions and the imperative to engage in public debate about important bioethical decisions. NBOs are typically given a range of responsibilities, including contributing to and stimulating public debate; providing expert opinion on relevant issues for policy deliberations; and developing public policy. The state is now found to have an interest in areas previously thought to be a matter of individual choice. NBOs can (...) provide one way of opening up public debate to allow the diversity of views to be heard in a manner that is well‐informed, articulate and responsive to both expert and ‘lay’ public views. We draw on debates in political theory about democratic decision‐making and on the policy making roles of some key NBOs. We are particularly interested in examining the capacity of NBOs to meet the democratic ideal of effective participation by the public, or citizenry, especially by those who are directly affected by the policies, in the development of effective public policy. We provide a basic framework for policy development involving NBOs that can begin to meet this ideal, a process of ‘contested deliberation’. (shrink)

This paper considers the legislative debates in Australia that led to the passage of the Research Involving Human Embryos Act (Cth 2002) and the Prohibition of Human Cloning Act (Cth 2002). In the first part of the paper, we discuss the debate surrounding the legislation with particular emphasis on the ways in which demands for public consultation, public debate and the education of Australians about the potential ethical and scientific impact of human embryonic stem cells (hESC) research were deployed, and (...) the explicit and implicit framing of the scope of public consultation. We then ask whether, given the calls for public consultations, debate and understanding, current work in democratic theory could be helpful in analysing the process of policy-making in these areas. In particular, we canvass the literature relating to aggregative and deliberative models of democracy for processes that support the legitimacy of policy. We identify features of the debate that reflect the appeal of deliberative approaches as well as some of the possible hurdles or limitations to developing deliberative democratic approaches to policy in ethically contentious areas. (shrink)

The manifest dissociation between our capacity to make moral judgments and our ability to provide justifications for them, a phenomenon labeled Moral Dumbfounding, has important implications for the theory and practice of moral psychology. I articulate and develop the Linguistic Analogy as a robust alternative to existing sentimentalist models of moral judgment inspired by this phenomenon. The Linguistic Analogy motivates a crucial distinction between moral acceptability and moral permissibility judgments, and thereby calls into question prevailing methods used in the study (...) of moral judgment. Indeed, the judgments that are the focus of most current empirical work in moral psychology are not proper targets of scientific study. (shrink)

I provide a brief history of the common law governing the criminal liability of intoxicated offenders, and the codification and application of the intoxication rules in Canada. I argue that the common law and its statutory application in Canada violate a number of principles of criminal justice. I then argue that the rules cannot be saved by attempts to subsume them under principles of prior fault. I end with a modest proposal for law reform.

A nativist moral psychology, modeled on the successes of theoretical linguistics, provides the best framework for explaining the acquisition of moral capacities and the diversity of moral judgment across the species. After a brief presentation of a poverty of the moral stimulus argument, this chapter sketches a view according to which a so-called Universal Moral Grammar provides a set of parameterizable principles whose specific values are set by the child's environment, resulting in the acquisition of a moral idiolect. The principles (...) and parameters approach predicts moral diversity, but does not entail moral relativism. (shrink)

ABSTRACT In establishing National Bioethics Organisations (NBOs), liberal democracies seek to acknowledge the diversity of strongly held ethical positions and the imperative to engage in public debate about important bioethical decisions. NBOs are typically given a range of responsibilities, including contributing to and stimulating public debate; providing expert opinion on relevant issues for policy deliberations; and developing public policy. The state is now found to have an interest in areas previously thought to be a matter of individual choice. NBOs can (...) provide one way of opening up public debate to allow the diversity of views to be heard in a manner that is well‐informed, articulate and responsive to both expert and ‘lay’ public views. We draw on debates in political theory about democratic decision‐making and on the policy making roles of some key NBOs. We are particularly interested in examining the capacity of NBOs to meet the democratic ideal of effective participation by the public, or citizenry, especially by those who are directly affected by the policies, in the development of effective public policy. We provide a basic framework for policy development involving NBOs that can begin to meet this ideal, a process of ‘contested deliberation’. (shrink)

We propose that the generalizations of linguistic theory serve to ascribe beliefs to humans. Ordinary speakers would explicitly (and sincerely) deny having these rather esoteric beliefs about language--e.g., the belief that an anaphor must be bound in its governing category. Such ascriptions can also seem problematic in light of certain theoretical considerations having to do with concept possession, revisability, and so on. Nonetheless, we argue that ordinary speakers believe the propositions expressed by certain sentences of linguistic theory, and that linguistics (...) can therefore teach us something about belief as well as language. Rather than insisting that ordinary speakers lack the linguistic beliefs in question, philosophers should try to show how these empirically motivated belief ascriptions can be correct. We argue that Stalnaker's (1984) "pragmatic" account--according to which beliefs are dispositions, and propositions are sets of possible worlds--does just this. Moreover, our construal of explanation in linguistics motivates (and helps provide) responses to two difficulties for the pragmatic account of belief: the phenomenon of opacity, and the so-called problem of deduction. (shrink)

Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at the (...) time of the offense, and even if they are acting involuntarily. I provide examples from Canadian, US and German law to flesh out our legal practices with respect to intoxicated offenders. I then argue that, at least with respect to one class of intoxicated offenders–those known as ‘grand schemers’, who plan their criminal offending prior to rendering themselves incapable of voluntary control over their conduct–we are morally justified in imposing liability. I then propose an alternative to both the act and control requirements: what I call the ‘agency requirement’. I argue that our law does and should impose liability for conduct that is expressive of or constitutive of the defendant’s practically rational agency. Adopting an agency view allows us to expand our focus from just the moment of the offense to temporally extended instances of agency, such as is involved in planned offending by grand schemers. (shrink)

So far as we know, we are the only species capable of introspection, and thus, sometimes, of insight into our own individual and collective nature. Arguably, the entire discipline of philosophy and, much more recently, of psychology, is premised on this simply stated but complicated fact. We are also a social species, each of us desiring – perhaps, even needing – to live as one among others. Taken together, these perfectly trite observations invite a number of questions regarding the nature (...) of the self and self-consciousness, and about the possibility of successful intersubjective communication. One line of enquiry among these questions, one that is vigorously pursued in The Five Obstructions, concerns the extent to which an individual’s self-understanding depends on the availability to that person of a genuinely second-person perspective. In order properly to understand oneself, does one need to see oneself through another’s eyes – in particular, the eyes of another who is in relation with us? If the answer is affirmative, what obligations do we have to each other to provide secondperson perspectives? How is such a perspective to be achieved? How is it best achieved, morally speaking? As I will try to show here, The Five Obstructions provides a very powerful example of self-revelation facilitated by another. Towards the end.. (shrink)

The book examines current debates about the emergence of an international legal norm of democratic governance and also considers some of the wider theoretical issues to which those debates give rise. It asks should international law seek to promote democratic political arrangements? If so, on what basis, and using which of the many competing conceptions of democracy?

Seeking to capture the multi-layered, contradictory, nature of subjectivities and social positions through a framework which insists upon the complex, dynamic nature of the social, intersectionality feminism has inspired Marxist-Feminists to push the social-reproduction feminism paradigm beyond a narrow preoccupation with gender/class relations. Yet even its most politically radical articulations stop short of fully theorising the integrative logic they espouse. This article explores the roots of this under-theorisation, and suggests that a more fully integrative ontology informs certain formulations of social-reproduction (...) feminism. In understanding the social as constituted by practical human activity whose object (the social and natural world) is organised capitalistically, social-reproduction feminism highlights thedialecticalrelationship between the capitalist whole and its differentiated parts. The challenge for Marxist-Feminism is to embrace this dialectical approach while building on the insights of intersectionality feminism to more convincingly capture the unity of a complex, diverse social whole. (shrink)

ABSTRACT People who are paid to provide basic care for others are frequently undervalued, exploited and expected to reach often unrealistic standards of care. I argue that appropriate social recognition, support and fair pay for people who provide care for those who are disabled, frail and aged, or suffering ill health that impedes their capacity to negotiate daily activities without support, depends on a reconsideration of the paradigm of the citizen or and moral agent. I argue that by drawing on (...) the ideas of human vulnerability and dependency as central to our personhood, a more realistic conception of selves, citizens and persons can be developed that better recognises the inevitability of human dependency and the social value of care work. I also indicate the significance of this vulnerability‐focussed view for ethical evaluation of the emotional aspects of care relationships. (shrink)

This book examines current debates about the emergence of an international legal norm of democratic governance and also considers some of the wider theoretical issues to which those debates give rise. It asks; should international law seek to promote democratic political arrangements? If so, on what basis, and using which of the many competing conceptions of democracy?

The prelims comprise: The Significance of Voluntariness Ordinary and Philosophical Notions of Voluntariness Constraint and Compulsion Force and Contrariety in the NE Knowledge and Ignorance The Platonic Asymmetry Thesis Responsibility for Character References Further reading.

Toys to overcome time, distance, and gravity -- To fly like a bird, not float like a cloud -- Finding a place in the world -- A new continent -- A new age-old problem to solve -- The physics of miniature worlds -- Models of wings and models of the world -- A world made of facts.

ABSTRACT: In this article I defend the view that all feminists should be contractarians. Indeed, I argue that feminists should be Hobbesian or rational-choice contractarians at that. The argument proceeds by critically examining some of the main reasons why feminists have been resistant or even hostile to contractarian moral theory, and showing that the criticisms are misguided against Hobbesian versions of the theory. I conclude with a brief positive argument to the effect that contractarianism provides a plausible explanation of what (...) is wrong with patriarchy and so can serve as the theoretical basis for feminist ethics.RÉSUMÉ: Cet article propose que les féministes de toutes tendances se doivent d'être contractualistes de type hobbesien ou de choix rationnel. L'argument débute par une critique de quelques-unes des raisons principales pour lesquelles les féministes ont résisté ou se sont opposées à une morale contractualiste et établit que leurs critiques n'atteignent pas leur cible lorsqu'elles sont dirigées contre les versions hobbesiennes de cette doctrine. Un argument positif vient brièvement conclure le tout, en montrant que le contractualisme rend compte, fort plausiblement, des défauts du patriarcat, et qu'il est donc à même de fournir une base théorique à une éthique féministe. (shrink)

The Republic’s political discussion begins with the construction of two contrasting cities: a ‘healthy’ city and a ‘city with a fever’; one defined by environmentally sustainable subsistence practices and the other by ‘luxurious’ over consumption that exceeds the carrying capacity of its land. Plato’s characters proceed to cure the inflamed city of its fever, resulting in the delineation of the ideal political constitution, the Kallipolis, which recovers the virtues of the original, healthy city in an altered form. This paper develops (...) an ecological reading of the Republic, highlighting Plato’s optimism regarding humans’ ability to limit their material consumption in accordance with the limits of the natural world. The conventional interpretation of the Republic’s first city, known as ‘the city of pigs’, is reconsidered in light of new socio-ecological research on traditional resource management systems. (shrink)

For ages, medicine has had poor access to the fetus inside the mother's womb. But in relatively recent years, the human body has become transparent. The latest breakthroughs of technology have made it possible, from the very beginning of pregnancy, to consider the fetus as an individual who can be examined and sampled. His or her physician may now establish a diagnosis and prognosis and prescribe a treatment in the same way as in traditional medicine.

In Australia, Human Research Ethics Committees (HRECs) have a vital role to play—as the primary institutional mechanism for ethical review of research—in protecting research participants, and promoting ethical research. Their ability to act effectively in this role is currently threatened by the limited support they receive and their burgeoning workloads. In this discussion paper, I trace some of the factors contributing to what I describe as a resource crisis in human research ethics. I suggest a review of the working of (...) HRECs to canvas a range of alternatives which might serve to redress this crisis, so as to ensure the continued effectiveness of HRECs in protecting participants and promoting ethical research. (shrink)

In Australia, Human Research Ethics Committees (HRECs) have a vital role to play—as the primary institutional mechanism for ethical review of research—in protecting research participants, and promoting ethical research. Their ability to act effectively in this role is currently threatened by the limited support they receive and their burgeoning workloads. In this discussion paper, I trace some of the factors contributing to what I describe as a resource crisis in human research ethics. I suggest a review of the working of (...) HRECs to canvas a range of alternatives which might serve to redress this crisis, so as to ensure the continued effectiveness of HRECs in protecting participants and promoting ethical research. (shrink)

This paper investigates the following proposal about machine intelligence: that behaviour in which a habitual response that would have been inappropriate in a certain unfamiliar situation is overridden and replaced by a more appropriate response be considered evidence of intelligence. The proposal was made in an earlier paper (Sterrett 2000) and arose from an analysis of a neglected test for intelligence hinted at in Turing's legendary 'Computing Machinery and Intelligence'; it was also argued there that it was a more principled (...) test of machine intelligence than straightforward comparisons with human behaviour. The present paper first summarizes the previous claim then looks at writings about intelligence, or the lack of it, in animals and machines by various writers (Descartes, Hume, Darwin and James). It is then shown that, despite their considerable differences regarding fundamental things such as what kinds of creatures are intelligent and the relationship between reason, instinct and behaviour, all of these writers would regard behaviour that meets the proposed criterion as evidence of intelligence. Finally, some recent work in employing logic and reinforcement learning in conjunction with 'behaviour-based' principles in the design of intelligent agents is described; the significance for the prospect of machine intelligence according to the proposed criterion is discussed. (shrink)

ABSTRACTIn Democracy for Realists, Christopher Achen and Larry Bartels argue that voters are shortsighted and punish incumbents for politically irrelevant outcomes. These failings, in the authors’ view, mean that voters are incapable of holding politicians to account. But Achen and Bartels overstate voters’ failure to engage in effective retrospective voting. The authors also understate the degree to which accountability can be compatible with voters’ being myopic, such as when early- and late-term performance are correlated. Achen and Bartels also overlook evidence (...) that the American state acted as an insurer against social risk long before the New Deal, a fact that points to voters using relevant criteria when they appear to punish incumbents for natural disasters. Finally, while accountability is an important consequentialist reason for democracy, we should keep in mind non-consequentialist justifications for this system of government, in particular its instantiation of political equality. (shrink)

The actio libera in causa doctrine, as originally formulated by various Enlightenment philosophers, concerns the imputation of responsibility to actors for actions unfree in themselves, but free in their causes. Like our Enlightenment counterparts, contemporary philosophers of criminal law, as well as most Western legal systems (both common law and civil), allow that persons can be responsible for acts that are not free when performed, provided they were free in their causes. The actio libera doctrine allows us to impute unfree (...) actions to persons, provided they were responsible for causing the conditions of unfreedom that characterizes those actions when performed. This doctrine seems to be instantiated in a great many actual legal practices. But I argue that we must distinguish between two importantly different understandings of the doctrine itself and its application in law. On the one hand, the actio libera doctrine allows us to waive the voluntariness requirement that is generally needed for criminal liability. On the other hand, it disallows defendants to appeal to defences they would otherwise be entitled to use to block liability, if they culpably created the conditions of their own defence. The first case involves rules of imputation, while the second concerns culpability, and justifying the actio libera doctrine therefore faces different challenges in the two cases. (shrink)

Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the two Australian (...) cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice. (shrink)

This paper critically assesses the National Statement on Ethical Conduct in Research Involving Humans as a piece of public policy concerning the regulation of research ethics. Two of the stated purposes of the National Statement are the provision of a “national reference point for ethical consideration relevant to all research involving humans” and the “protection of the welfare and rights of participants in research”. The process of Human Research Ethics Committee review of research proposals is evaluated in light of these (...) two purposes. I argue that the approach taken in the National Statement has the potential to meet these purposes, but that, in its current form the statement does not provide sufficient guidance to HRECs to properly fulfil either purpose. For the National Statement to meet its promise, it needs to provide greater direction to HRECs which is properly informed by understanding of the full array of research involving human participants. (shrink)