Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation or threatened rights violation. I (...) argue that this intuition is an expression of the same principles of corrective justice that underlie norms of compensation and rectification. I show how these principles can explain and clarify core intuitions about conditions which render consent ineffective, including those concerned with the consenting agent's option set, his mental competence, and available information. (shrink)

This is a new presentation of the philosophy of the Talmud. The Talmud is not a work of formal philosophy, but much of what it says is relevant to philosophical enquiry, including issues explored in contemporary debates. In particular, the Talmud has original ideas about the relation between universal ethics and the ethics of a particular community. This leads into a discussion on the relation between morality and ritual, and also about the epistemological role of tradition. The book explains the (...) paradoxes of Talmudic Judaism as arising from a philosophy of revolution, stemming from Jewish origins as a band of escaped slaves, determined not to reproduce the slave-society of Egypt. From this arises a daring humanism, and an emphasis on justice in this world rather than on other-worldly spirituality. A strong emphasis on education and the cultivation of rationality also stems from this. Governing the discussion is a theory of logic that differs significantly from Greek logic. Talmudic logic is one of analogy, not classification and is peculiarly suited to discussions of moral and legal human situations. This book will be of interest to those in the fields of philosophy, religion and the history of ideas, whether students, teachers and academics, or the interested general reader. (shrink)

Carbon offsetting can be loosely characterized as a mechanism by which an organization or individual contributes to a scheme that is projected either to remove carbon dioxide from the atmosphere or to deliver carbon dioxide emission reductions on the part of other organizations or individuals. An activity that has been offset therefore purports to make no long-term net contribution to atmospheric greenhouse gas concentrations. The ethical basis for using carbon offsetting as an approach to tackling climate change is very much (...) contested. We seek to expose some of the underlying reasons for these ethical disagreements. We show that they relate both to empirical disagreements about what the likely benefits of offsetting are and, more fundamentally, to principled disagreements about the right way to discharge duties to deliver carbon reductions. (shrink)

Choice-based conceptions of substantive responsibility face a number of powerful counterexamples. In order to avoid some of these counterexamples, it is widely claimed that agents are substantively responsible for disadvantage arising from their choices only when the option set from which they chose satisfied a reasonability criterion. I examine three possible justifications for a reasonability criterion: an agent-responsibility-based motivation, a voluntariness-based motivation, and what I call a ‘denied-claim’-based motivation. In each case, I argue that the putative motivation cannot in fact (...) justify a reasonability condition. I end with some comments on what this result means for choice-based conceptions of substantive responsibility. (shrink)

Luck egalitarians claim that disadvantage is worse when it emerges from an unchosen risk than when it emerges from a chosen risk. I argue that disadvantage is also worse when it emerges from an unchosen risk that the disadvantaged agent would have declined to take, had he or she been able to do so, than when it emerges from an unchosen risk that the disadvantaged agent would not have declined to take. Such a view is significant because it allows both (...) luck egalitarians and prioritarians to respond to Voorhoeve and Fleurbaey's charge that they fail to accommodate intuitions about the moral relevance of interpersonal boundaries – the so-called separateness of persons objection. I argue that the view is plausible independently of its ability to answer the separateness of persons objection, and is a natural extension of the luck egalitarian concern with the impact of unchosen circumstance. (shrink)

Luck egalitarianism is the view that inequalities are justified when and only when a particular condition is met. Recent years have seen considerable debate about the exact nature of the risky choices thought by luck egalitarians to justify inequality. All positions in the debate emphasise the importance of choice, but they differ in the precise details of how choice features in the inequality-justifying condition. The present paper argues for a novel view about the conditions under which risky choices should justify (...) choice in a manner that uncovers ambiguity and flaws in existing positions. It rejects existing accounts and develops a new hypothetical choice based account of inequality-justifying risk. (shrink)

Indigenous peoples are disproportionally vulnerable to climate change. At the same time, they possess valuable knowledge for fair and sustainable climate adaptation planning and policymaking. Yet Indigenous peoples and knowledges are often excluded from or underrepresented within adaptation plans and policies. In this paper we ask whether the concept of epistemic injustice can be applied to the context of climate adaptation and the underrepresentation of Indigenous knowledges within adaptation policies and strategies. In recent years, the concept of epistemic injustice has (...) gained prominence, indicating that someone has been unfairly discriminated against in their capacity as a knower. We argue that many climate adaptation policies are epistemically unjust towards Indigenous peoples because of the underrepresentation of Indigenous knowledges by showing how the case of Indigenous knowledges in climate adaptation planning and policy satisfies five conditions of epistemic injustice. We further consider what challenges there are to integrating local and Indigenous knowledges within development in general, and climate adaptation strategies in particular and how these can be addressed. Whether the lack of Indigenous knowledges in climate adaptation policies constitutes an epistemic injustice matters because an injustice denotes an unfair advantage to one group – whether by design or default – that ought to be remedied and redressed. (shrink)

When distributing an indivisible harm or benefit between multiple individuals, all of whom have an equal claim to avoid the harm or receive the benefit, it is commonly thought that one should hold a lottery in order to give each claimant an equal chance of winning. Moreover, it is often said that, by holding a lottery, one makes the resultant outcome inequality between those who receive the harm or benefit and those who do not less unfair than it would otherwise (...) have been. The stated view – the ‘egalitarian mixed view’ – claims that the unfairness of a brute luck ex post distribution is a function of both the degree of inequality in the ex post distribution itself, and the degree of inequality in the ex ante distribution of chances from which it is derived. Versions of the view have been prominently endorsed by a number of authors, including Arneson, Broome, Diamond, Lang, Otsuka, Parfit, and Temkin. The appeal of the view is linked to its apparent promise to accommodate intuitions that have been thought to threaten views which link the fairness of an outcome either solely to the ex ante distribution or solely to the ex post distribution. I argue, to the contrary, that the egalitarian mixed view is mistaken. In particular, I argue that the distinction at the heart of the view – that between outcomes and changes to probabilities – is morally arbitrary at best and incoherent at worst. I consider possible responses to the charge and find them wanting. I note that the failure of the egalitarian mixed view has significant consequences for policy, including most importantly for how we should interpret the goal of fair equality of opportunity. (shrink)

This edited collection provides insight into understanding architecture and urban design as technology. In order to understand how and why we live in built environments, we are in need of a conceptual framework that takes into account what role architecture as technology plays in our being and becoming in the world.

An anthropogenic global catastrophic risk is a human-induced risk that threatens sustained and wide-scale loss of life and damage to civilisation across the globe. In order to understand how new research on governance mechanisms for emerging technologies might assuage such risks, it is important to ask how perceptions, beliefs, and attitudes towards the governance of global catastrophic risk within the research community shape the conduct of potentially risky research. The aim of this study is to deepen our understanding of emerging (...) technology research culture as it relates to global catastrophic risks, and to shed new light on how new research governance mechanisms might be developed. We analyse in-depth interviews with leading AI and biotech researchers both from universities and the private sector. We develop new insights in terms of four salient themes. First, ‘engineering mindset’, which highlights the premium placed by many interviewees on pursuing interesting research about the physical world for its own sake. Second, ‘self-government’, which looks at how self-regulation of technological development currently occurs. Third, ‘pure incentives’, focussing on how career and other incentives shapes research. Fourth, ‘norms and persuasion’, which examines the role of moral considerations in guiding the research choices of scientists. We end by considering the implications of these findings for future research on governance of anthropogenic global catastrophic risk. (shrink)

Hospitals long ago shed their role as alms houses for the poor. What vestiges remain of the early American hospital are the tax-exempt, nonprofit hospital form and a general perception that hospitals, as charitable institutions, owe a duty to their communities. The appropriateness of the nonprofit hospital tax exemption has long been debated, and many theories have been advanced to justify the tax exemption of nonprofit hospitals. In a growing number of jurisdictions, however, state and local authorities have gone beyond (...) the theoretical debate and are challenging the tax exemption of their nonprofit hospitals. For various reasons, efforts are afoot to capture greater community benefit from nonprofit hospitals.At the heart of such challenges is the debate over the nature and extent of the duty charitable institutions owe to their communities. A demand is growing for nonprofit hospitals to earn their tax exemptions by benefiting their communities in concrete ways. Some have been stripped of their tax-exempt status by local authorities or pressured to make payments in lieu of taxes. A number of states have recently implemented initiatives in an attempt to make hospitals more accountable for their community benefits. Many hospitals are responding to this heightened scrutiny in a proactive way, by voluntarily documenting community benefits. A number of nonprofit hospitals and hospital associations are cooperating with—or even sponsoring—state legislation in this area. (shrink)

Hospitals long ago shed their role as alms houses for the poor. What vestiges remain of the early American hospital are the tax-exempt, nonprofit hospital form and a general perception that hospitals, as charitable institutions, owe a duty to their communities. The appropriateness of the nonprofit hospital tax exemption has long been debated, and many theories have been advanced to justify the tax exemption of nonprofit hospitals. In a growing number of jurisdictions, however, state and local authorities have gone beyond (...) the theoretical debate and are challenging the tax exemption of their nonprofit hospitals. For various reasons, efforts are afoot to capture greater community benefit from nonprofit hospitals.At the heart of such challenges is the debate over the nature and extent of the duty charitable institutions owe to their communities. A demand is growing for nonprofit hospitals to earn their tax exemptions by benefiting their communities in concrete ways. Some have been stripped of their tax-exempt status by local authorities or pressured to make payments in lieu of taxes. A number of states have recently implemented initiatives in an attempt to make hospitals more accountable for their community benefits. Many hospitals are responding to this heightened scrutiny in a proactive way, by voluntarily documenting community benefits. A number of nonprofit hospitals and hospital associations are cooperating with—or even sponsoring—state legislation in this area. (shrink)

This collection of essays, many translated into English for the first time, examines Weininger's influence and reception in Western culture, particularly his ...

Some philosophers have thought that life could only be meaningful if there is no God. For Sartre and Nagel, for example, a God of the traditional classical theistic sort would constrain our powers of self-creative autonomy in ways that would severely detract from the meaning of our lives, possibly even evacuate our lives of all meaning. Some philosophers, by contrast, have thought that life could only be meaningful if there is a God. God and the Meanings of Life is interested (...) in exploring the truth in both these schools of thought, seeking to discover what God could and couldn't do to make life meaningful (as well as what he would and wouldn't do). Mawson espouses a version of the 'amalgam' or 'pluralism' thesis about the issue of life's meaning – in essence, that there are a number of different legitimate meanings of 'meaning' (and indeed 'life') in the question of life's meaning. According to Mawson, God, were he to exist, would help make life meaningful in some of these senses and hinder in some others. He argues that whilst there could be meaning in a Godless universe, there could be other sorts of meaning in a Godly one and that these would be deeper. (shrink)

Indigenous peoples are disproportionally vulnerable to climate change. At the same time, they possess valuable knowledge for fair and sustainable climate adaptation planning and policymaking. Yet Indigenous peoples and knowledges are often excluded from or underrepresented within adaptation plans and policies. In this paper we ask whether the concept of epistemic injustice can be applied to the context of climate adaptation and the underrepresentation of Indigenous knowledges within adaptation policies and strategies. In recent years, the concept of epistemic injustice has (...) gained prominence, indicating that someone has been unfairly discriminated against in their capacity as a knower (Fricker 2007, 1).We argue that many climate adaptation policies are epistemically unjust towards Indigenous peoples because of the underrepresentation of Indigenous knowledges by showing how the case of Indigenous knowledges in climate adaptation planning and policy satisfies five conditions of epistemic injustice. We further consider what challenges there are to integrating local and Indigenous knowledges within development in general, and climate adaptation strategies in particular and how these can be addressed. Whether the lack of Indigenous knowledges in climate adaptation policies constitutes an epistemic injustice matters because an injustice denotes an unfair (dis)advantage to one group – whether by design or default –that ought to be remedied and redressed. (shrink)

Extreme impacts from climate change are already being felt around the world. The policy choices that we make now will affect not only how high global temperatures rise but also how well-equipped future economies and infrastructures are to cope with these changes. The interests of future generations must therefore be central to climate policy and practice. This raises the questions:Whoshould represent the interests of future generations with respect to climate change? And according to whichcriteriashould we judge whether a particular candidate (...) would make an appropriate representative for future generations? In this essay, we argue that potential representatives of future generations should satisfy what we call a “hypothetical acceptance criterion,” which requires that the representative could reasonably be expected to be accepted by future generations. This overarching criterion in turn gives rise to two derivative criteria. These are, first, the representative'sepistemic and experiential similarity to future generations, and second, his or hermotivation to act on behalf of future generations. We conclude that communities already adversely affected by climate change best satisfy these criteria and are therefore able to command the hypothetical acceptance of future generations. (shrink)

T. A. Cavanaugh's Hippocrates' Oath and Asclepius' Snake: The Birth of the Medical Profession articulates the Oath as establishing the medical profession's unique internal medical ethic - in its most basic and least controvertible form, this ethic mandates that physicians help and not harm the sick. Relying on Greek myth, drama, and medical experience (e.g., homeopathy), the book shows how this medical ethic arose from reflection on the most vexing medical-ethical problem -- injury caused by a physician -- and argues (...) that deliberate iatrogenic harm, especially the harm of a doctor choosing to kill (physician assisted suicide, euthanasia, abortion, and involvement in capital punishment), amounts to an abandonment of medicine as an exclusively therapeutic profession. The book argues that medicine as a profession necessarily involves stating before others what one stands for: the good one seeks and the bad one seeks to avoid on behalf of the sick, and rejects the view that medicine is purely a technique lacking its own unique internal ethic. It concludes noting that medical promising (as found in the White Coat Ceremony through which U. S. medical students matriculate) implicates medical autonomy which in turn merits respect, including honoring professional conscientious objections. (shrink)

How do we think about animals? How do we decide what they deserve and how we ought to treat them? Subhuman takes an interdisciplinary approach to these questions, drawing from research in philosophy, neuroscience, psychology, law, history, sociology, economics, and anthropology. Subhuman argues that our attitudes to nonhuman animals, both positive and negative, largely arise from our need to compare ourselves to them.

Kit Fine (2000) breaks with tradition, arguing that, pace Russell (e.g., 1903: 228), relations have neither directions nor converses. He considers two ways to conceive of these new "neutral" relations, positionalism and anti-positionalism, and argues that the latter should be preferred to the former. Cody Gilmore (2013) argues for a generalization of positionalism, slot theory, the view that a property or relation is n-adic if and only if there are exactly n slots in it, and (very roughly) that each slot (...) may be occupied by at most one entity. Slot theory (and with it, positionalism) bears the full brunt of Fine's (2000) symmetric completions and conflicting adicities problems. I fully develop an alternative, plural slot theory (or pocket theory), which avoids these problems, key elements of which are first considered by Yi (1999: 168 ff.). Like the slot theorist, the pocket theorist posits entities (pockets) in properties and relations that can be occupied. But unlike the slot theorist, the pocket theorist denies that at most one entity can occupy any one of them. As a result, she must also deny that the adicity of a property or relation is equal to the number of occupiable entities in it. By abandoning these theses, however, the pocket theorist is able to avoid Fine's problems, resulting in a stronger theory about the internal structure of properties and relations. Pocket theory also avoids a serious drawback of anti-positionalism. (shrink)

Exegesis, with text, on the Nyāyasūtra of Gautama, basic aphoristic text of Nyāya.

_Purpose._ This paper aims to investigate the phenomenon of a human being within the Confucian tradition as well as its interpretations from intercultural perspective. _Theoretical basis._ One of the ways to understand the deepest level of the intercultural dialogue is to reveal the interpretations of a human being in philosophical traditions, since they refer to the formation of personality and identity within a given culture including interpersonal, intergroup, and intercultural relations. Humanism based on the unity of Human and Heaven runs (...) like a red thread through the philosophical teachings of Confucius, Mencius, Xunzi, Zhu Xi, Wang Yangming defining the ideas of human nature, his/her duties, his/her place and roles in society that shaped the Chinese mentality. _Originality._ Quite often, Chinese concepts (for example, human dignity beyond the ideas of democracy and mass political participation, guanxi, mianzi) are incomprehensible to the representatives of the Western civilization, which leads to the challenges in intercultural communication. The interpretation of these ideas in the context of Confucianism allows to understand them from the perspective of Others and expand the set of patterns of cultural perception. This ultimately leads to the awareness that there are many social, political, cultural realities, which we perceive through the lens of our own concepts and attitudes. The participants of an intercultural dialogue realize that each of them has a unique experience, own way of posing a problem and resolving it, and no one is better or worse. _Conclusions._ Confucian philosophy shaped the worldview of Chinese people, defined values, goals, meanings, attitudes, communication models, which affected all spheres of Chinese life and culture. The study of the philosophical heritage of the great Chinese civilization enhances the cultural competence of the intercultural communicators and expands the field of dialogue to the level of global communication. (shrink)