This thesis engages with the following three questions. First, how should the presence of risk and ambiguity affect how we distribute a benefit to which individuals have competing claims? Second, what is it about the imposition of a risk of harm itself, such as the playing of Russian roulette on strangers, which calls for justification? Third, in the pursuit of the greater good, when is it permissible to foreseeably generate harms for others through enabling the agency of evildoers? (...) Chapters 1 through 3 of the thesis provide an answer the first question. Chapter 1 defends the importance of a unique complaint of unfairness that arises in risky distributive cases: that sometimes individuals are better off at the expense of others. Chapter 2 defends a view called Fairness as Proper Recognition of Claims which guides how a decision-maker ought to act in cases where individuals have unequal claims to a good. Chapter 3 considers how the presence of ambiguity affects distributive fairness, and defends an egalitarian account of the evaluation of ambiguous prospects. Chapter 4 provides an answer to the second question through a defence of the Insecurity Account, which is a unique way in which impositions of risks of harm can be said to harm individuals, namely by rendering the victim’s interests less secure. Chapter 5 provides an answer to the third question by defending what I call the Moral Purity Account, to explain when it is permissible to provide aid in cases where individuals are harmed as a foreseeable consequence of the provision of such aid. (shrink)

I argue that the use of the separateness of persons in the debate between the priority view and the competing claims view is deeply flawed. In making the case, I argue for three points. First, that...

Many believe that we ought to save a large number from being permanently bedridden rather than save one from death. Many also believe that we ought to save one from death rather than a multitude from a very minor harm, no matter how large this multitude. I argue that a principle I call “Aggregate Relevant Claims” satisfactorily explains these judgments. I offer a rationale for this principle and defend it against objections.

I here settle a recent dispute between two rival theories in distributive ethics: Restricted Prioritarianism and the Competing Claims View. Both views mandate that the distribution of benefits and burdens between individuals should be justifiable to each affected party in a way that depends on the strength of each individual’s separately assessed claim to receive a benefit. However, they disagree about what elements constitute the strength of those individuals’ claims. According to restricted prioritarianism, the strength of a (...) claim is determined in ‘prioritarian’ fashion by both what she stands to gain and her absolute level of well-being, while, according to the competing claims view, the strength of a claim is also partly determined by her level of well-being relative to others with conflicting interests. I argue that, suitably modified, the competing claims view is more plausible than restricted prioritarianism. (shrink)

Fairness is a central, but under-theorized, notion in moral and political philosophy. This paper makes two contributions. Firstly, it criticizes Broome’s seminal account of fairness in Proc Aristotelian Soc 91:87–101, showing that there are problems with restricting fairness to a matter of relative satisfaction and holding that it does not itself require the satisfaction of the claims in question. Secondly, it considers the justification of lotteries to resolve cases of ties between competing claims, which Broome claims (...) as support for his theory, and contrasts random procedures to contests of skill, which may also be considered lotteries in a broader sense. I offer no alternative account of fairness of my own, but hope to point the way for future research on the nature of fairness. (shrink)

In his restriction of prioritarianism to cases in which the same people would exist in all the possible outcomes, Parfit stakes out an unstable position, both for himself and more generally. There is no plausible rationale for a prioritarianism that is so restricted, which is consistent with the key features of Parfit’s elaboration and defence of this view and his other commitments. The principles that might be appealed to, in an attempt to justify such a restriction, give rise to a (...) different view—one that is sensitive to the presence or absence of the competing claims of different individuals, where both the existence and the magnitude of these claims are determined by gains and losses to individuals in a manner that is not fully captured by Parfit’s prioritarian weighting. (shrink)

According to the Competing Claims View we decide between alternatives by looking at the competing claims held by affected individuals. The strength of these claims is a function of two features: how much they stand to benefit by each alternative, and how badly off they would be in its absence. The view can be, and is, endorsed by both egalitarians and prioritarians. For the former the second condition will concern looking at how badly off the (...) person is relative to others, whereas for the latter it will be how badly off she is in absolute terms. In this paper I want to argue that neither should be endorsed. The egalitarian version of CCV breaks down when attempting to assess the competing claims of possible persons who may never exist. Also, the view, on at least one plausible interpretation, leads to intransitive judgements. The prioritarian version of CCV, in turn, is vulnerable to its own unique objection, namely delivering an anti-prioritarian and rather implausible verdict in certain Single Person Cases. (shrink)

To date, bioethics and health policy scholarship has given little consideration to questions of aging and intergenerational justice in the developing world. Demographic changes are precipitating rapid population aging in developing nations, however, and ethical issues regarding older people’s claim to scarce healthcare resources must be addressed. This paper posits that the traditional arguments about generational justice and age-based rationing of healthcare resources, which were developed primarily in more industrialized nations, fail to adequately address the unique challenges facing older persons (...) in developing nations. Existing philosophical approaches to age-based resource allocation underemphasize the importance of older persons for developing countries and fail to adequately consider the rights and interests of older persons in these settings. Ultimately, the paper concludes that the most appropriate framework for thinking about generational justice in developing nations is a rights-based approach that allows for the interests of all age groups, including the oldest, to be considered in the determination of health resource allocation. (shrink)

To date, bioethics and health policy scholarship has given little consideration to questions of aging and intergenerational justice in the developing world. Demographic changes are precipitating rapid population aging in developing nations, however, and ethical issues regarding older people’s claim to scarce healthcare resources must be addressed. This paper posits that the traditional arguments about generational justice and age‐based rationing of healthcare resources, which were developed primarily in more industrialized nations, fail to adequately address the unique challenges facing older persons (...) in developing nations. Existing philosophical approaches to age‐based resource allocation underemphasize the importance of older persons for developing countries and fail to adequately consider the rights and interests of older persons in these settings. Ultimately, the paper concludes that the most appropriate framework for thinking about generational justice in developing nations is a rights‐based approach that allows for the interests of all age groups, including the oldest, to be considered in the determination of health resource allocation. (shrink)

ABSTRACTAchievements are among the things that make a life good. Assessing the plausibility of this intuitive claim requires an account of the nature of achievements. One necessary condition for achievement appears to be that the achieving agent acted competently, i.e. was not just lucky. I begin by critically assessing existing accounts of anti-luck conditions for achievements in both the ethics and epistemology literature. My own proposal is that a goal is reached competently, only if the actions of the would-be-achiever make (...) success likely, and that this is the reason why she acts that way. (shrink)

According to the principle of patient autonomy, patients have the right to be self-determining in decisions about their own medical care, which includes the right to refuse treatment. However, a treatment refusal may legitimately be overridden in cases where the decision is judged to be incompetent. It has recently been proposed that in assessments of competence, attention should be paid to the evaluative judgments that guide patients' treatment decisions.In this paper I examine this claim in light of theories of practical (...) rationality, focusing on the difficult case of an anorexic person who is judged to be competent and refuses treatment, thereby putting themselves at risk of serious harm. I argue that the standard criteria for competence assess whether a treatment decision satisfies the goals of practical decision-making, and that this same criterion can be applied to a patient's decision-guiding commitments. As a consequence I propose that a particular understanding of practical rationality offers a theoretical framework for justifying involuntary treatment in the anorexia case. (shrink)

The closing chapters of Aristotle’s Nicomachean Ethics x are regularly described as “puzzling,” “extremely abrupt,” “awkward,” or “surprising” to readers. Whereas the previous nine books described—sometimes in lavish detail—the multifold ethical virtues of an embodied person situated within communities of family, friends, and fellow-citizens, NE x 6-8 extol the rarified, god-like and solitary existence of a sophos or sage (1179a32). The ethical virtues that take up approximately the first half of the Ethics describe moral exempla who experience fear fighting for (...) their communities, are sensitive to the esteem and recognition of others, and feel love for a desire to live together with a wide variety of kinds of friends. Such good people take pleasure in prudently expending sums to improve their communities—communities in which they exchange goods and participate in ruling and being ruled in a cooperative fashion. The exemplum of x 7-8, by contrast, is a person whose activity consists almost entirely in exercising his or her mind (nous)—a part of one’s soul that Aristotle explicitly notes is disconnected from human emotions and that can be exercised, insofar as one as wise, in a wholly solitary fashion (1178a15-16, a19-20; 1177a33-34). Although Aristotle’s claim that a “life in accord with the mind” is best and most pleasant (1178a6-7) may jar the intuitions of many people—he himself endorses Anaxagoras’ claim that the happy person will appear as “someone who is absurd” (atopos, 1179a15) to most people—it is false to claim that his conclusions in NE x 6-8 are unexpected or unanticipated, or that the text is in any way discontinuous with what precedes it. The Nicomachean Ethics exhibits aspects of ring-composition both within the work as a whole and within book 10. In NE i 5 Aristotle introduces his rendition of a trope that he inherits (most immediately) from Plato, viz. that the problem of the good can be considered like a contest between three different kinds of life—the life of enjoyment (apolaustikos), the life of politics (politikos), and the life of contemplation (theôrêtikos). NE x 6-8 returns to that contest, rendering a verdict about which life takes first, second, and third place. As the opening lines of NE x 6 note, that verdict presupposes central claims articulated between the first and last books of the Ethics, specifically about the nature of the virtues, the nature of friendship, and the nature of pleasure. NE i 5 and x 6-8 thus serve as “bookends” which encase arguments and proposition located between them. Book 10 exhibits a similar ring-composition. NE x opens with methodological reflection on the gap between the theoretical positions that thinkers articulate and the way they live their lives (especially in the case of scolds who simultaneously criticize pleasure on a scientific level but seek it on a practical level [1172a33-b8]). Chapter 8 concludes with an explicit reiteration of the methodological point, a reiteration that underscores how Aristotle’s treatment of the contest of lives incorporates central aspects of the discussion of pleasure in NE x 1-5. Aristotle’s reiteration of the problem of a gap between theory and practice also draws attention to the centrality of his treatment of pleasure in his adjudication of the three lives. Although the life of pleasure takes a distant third in the contest of lives, the contemplative life wins the contest in part because it itself is the most pleasant form of life. The central philosophical problem looming behind Aristotle’s treatment of the contest of lives concerns the relationship between the notion of activity (energeia) and the notion of a way of life (bios). In the last four decades, much of the scholarship on NE x 6-8 has sought to address the question of what activities a certain way of life includes or excludes. “Monistic” or “dominant” end interpretations of the best life have viewed it as including only contemplative activities whereas “inclusivist” end interpretations of the best life have viewed it as including non-contemplative activities. Although this chapter largely side-steps this debate—partially because there are ample recent first-rate introductory treatments of the debate, partially because I have addressed the question elsewhere in my own writing —I argue that focusing solely on the contest between the two best ways of life overshadows the way that Aristotle incorporates insights from the third way of life into the best way of life. Although the notion of a contest among different kinds of lives presupposes that the lives are mutually exclusive, Aristotle has no problem saying that the contemplative life trumps the life of pleasure because the contemplative life is more pleasant. I proceed in two parts. In the first part I examine what I will call the “outer” ring of the Ethics, namely the relationship between the contest of lives proposed in NE i 5 and its overall resolution in x 6-8. I show how i 5 and x 6 establish the framework for the contest, how x 7 adjudicates that contest in large part by relying upon premises articulated in the interim between books 1 and 10, and how x 6 and x 8 determine the second and third place positions in the contest. In the second part I focus on what I will call the “inner” ring of NE x. More than half of NE x struggles with the nature of pleasure, its role in a happy life, and the methodological problems of examining pleasure within a practical science. I show how x 1 and x 8 are “bookends” that underscore the methodological problem of examining pleasure and how the contest of lives draws upon the proximate conclusions concerning the nature of pleasure in NE x 1-5. (shrink)

This paper identifies the phenomenon of conceptual competence injustice, a form of epistemic injustice that occurs when a marginalized epistemic agent makes a conceptual claim and is illegitimately regarded as having failed to grasp one or more of the concepts expressed in her testimony. The notion of a conceptual claim is given a deflationary account that is coextensive with the class of a priori knowable claims. This study reveals a form of oppression that severely hinders marginalized epistemic agents who (...) seek to create or communicate conceptual knowledge. Conceptual competence injustice is compared and contrasted with three other forms of epistemic injustice: testimonial injustice, hermeneutical injustice, and contributory injustice. The final section investigates a number of damaging effects that conceptual competence injustice has on marginalized persons pursuing a career in academic philosophy. (shrink)

Questions about the relationship between linguistic competence and expertise will be examined in the paper. Harry Collins and others distinguish between ubiquitous and esoteric expertise. Collins places considerable weight on the argument that ordinary linguistic competence and related phenomena exhibit a high degree of expertise. His position and ones which share close affinities are methodologically problematic. These difficulties matter because there is continued and systematic disagreement over appropriate methodologies for the empirical study of expertise. Against Collins, it will be argued (...) that the term ‘expertise’ should be reserved for expertise (esoteric experts) and exclude everyday performance (ubiquitous experts). Wittgensteinian ideas will be employed to maintain that it is mistaken and misleading to derive substantive conclusions about the epistemology of expertise from ordinary linguistic competence and vice versa. Significant attention will be devoted to the notion of following a rule with particular reference to the intelligibility of tacit rule following. A satisfactory theoretical approach to expertise should not involve making important claims about ordinary linguistic competence. (shrink)

In the study of cognitive processes, limitations on computational resources (computing time and memory space) are usually considered to be beyond the scope of a theory of competence, and to be exclusively relevant to the study of performance. Starting from considerations derived from the theory of computational complexity, in this paper I argue that there are good reasons for claiming that some aspects of resource limitations pertain to the domain of a theory of competence.

This paper discusses the different, often competing, even conflicting, truth-claims that are heard around the personal narratives of marginalized, stigmatized and culturally muted people?in this case people with intellectual disabilities. Since people with intellectual disabilities began speaking up in the 1980s, tensions have emerged as to whose voice is authentic, whose story can be believed. This matters because we see the consequences of failure to believe those stories in scandals of abuse in settings, such as Winterbourne View (England) (...) in 2011. The article looks to ethical theory to help understand what lies behind the failure to believe, and argues that researchers who seek to facilitate the articulation of the voices of the powerless, need to be aware of the ethical groundings of competing truth claims. My personal background for doing this is over 40 years of professional engagement in the field of special education and social work with people with learning disabilities. During most of these years, I have been actively engaged as a supporter and partner in the movements of self-advocacy and self-organization by people with intellectual disabilities. (shrink)

What does it mean to know how to do something? This book develops a comprehensive account of know-how, a crucial epistemic goal for all who care about getting things right, not only with respect to the facts, but also with respect to practice. It proposes a novel interpretation of the seminal work of Gilbert Ryle, according to which know-how is a competence, a complex ability to do well in an activity in virtue of guidance by an understanding of what it (...) takes to do so. This idea is developed into a full-fledged account, Rylean responsibilism, which understands know-how in terms of the normative guidance and responsible control of one's acts. Within the complex current debate about know-how, this view occupies a middle ground position between the intellectualist claim that know-how just is propositional or objectual knowledge and the anti-intellectualist claim that know-how just is ability. In genuine know-how, practical ability and guiding intellect are both necessary, but essentially intertwined. (shrink)

I extend my direct virtue epistemology to explain how a knowledge-first framework can account for two kinds of positive epistemic standing, one tracked by externalists, who claim that the virtuous duplicate lacks justification, the other tracked by internalists, who claim that the virtuous duplicate has justification, and moreover that such justification is not enjoyed by the vicious duplicate. It also explains what these kinds of epistemic standing have to do with each other. I argue that all justified beliefs are good (...) candidates for knowledge, and are such because they are exercises of competences to know. However, there are two importantly different senses in which a belief may be a good candidate for knowledge, one corresponding to an externalist kind of justification and the other corresponding to an internalist one. I show how the account solves the new evil demon problem in a more satisfactory way than existing accounts. We end up with a view of knowledge, justification, and rationality that is plausible, motivated, and theoretically unified. (shrink)

This chapter investigates different ways that pro tanto reasons bearing on our options can compete with one another in order to determine the overall normative status of those options. It argues for two key claims: (i) any theory of this competition must include a distinct role for reasons against, in addition to reasons for, and (ii) any theory must allow for comparative verdicts about how strongly supported the options are by the reasons, rather than simply which options are permissible (...) or required. A simple balancing account and an account based on a distinction between requiring and justifying reasons are rejected, and a new account giving a distinct role for reasons against is introduced. (shrink)

To enhance patient care in the inevitable conditions of complexity that exist in contemporary healthcare, collaboration among healthcare professions is critical. While each profession necessarily has its own primary focus and perspective on the nature of human healthcare needs, these alone are insufficient for meeting the complex needs of patients (and potential patients). Persons are inevitably contextual entities, inseparable from their environments, and are subject to institutional and social barriers that can detract from good care or from accessing healthcare. These (...) are some of the reasons behind current movements to develop competency frameworks that can enhance cross‐disciplinary communication and collaboration. No single profession can claim the big picture. Effective teamwork is essential and requires members of diverse professions to understand the nature of each other's knowledge, skills, roles, perspectives, and perceived responsibilities so that they are optimally utilized on behalf of patients and their families. Interdisciplinary approaches to care permit different aspects of a person's needs to be addressed seamlessly and facilitate the removal of obstacles by engaging the range of resources exemplified by the different professions. Additionally, collaborative efforts are needed to influence policy changes on behalf of individual and social good and to address root causes of poor health especially as these impact society's most vulnerable. Here, we explore both the benefits and the risks of an uncritical acceptance of competency frameworks as a way to enhance interdisciplinary communication. We highlight the importance of anchoring proposed competency domains in the reason for being of a given profession and exemplify one way this has been accomplished for advanced practice nursing. Additionally, we argue that having this mooring, permits integration of the various competencies that both enhances professional moral agency and facilitates interdisciplinary collaboration to further the mutual goals of the healthcare professions on behalf of quality patient care. (shrink)

This paper defends the commonsense conception of linguistic competence according to which linguistic competence involves propositional knowledge of language. More specifically, the paper defends three propositions challenged by Devitt in his Ignorance af Language. First, Chomskian linguists were right to embrace this commonsense conception of linguistic cornpetence. Second, the grammars that these linguists propose make a substantive claim about the computational processes that are presumed to constitute a speaker’s linguistic competence. Third, Chomskian linguistics is indeed a subfield of psychology, in (...) the business of characterizing the linguistic competence of speakers. (shrink)

Kuhn claimed that several algorithms can be defended to select the best theory based on epistemic values such as simplicity, accuracy, and fruitfulness. In a recent paper, Okasha :83–115, 2011) argued that no theory choice algorithm exists which satisfies a set of intuitively compelling conditions that Arrow had proposed for a consistent aggregation of individual preference orderings. In this paper, we put forward a solution to avoid this impossibility result. Based on previous work by Gaertner and Xu, we suggest to (...) view the theory choice problem in a cardinal context and to use a general scoring function defined over a set of qualitative verdicts for every epistemic value. This aggregation method yields a complete and transitive ranking and the rule satisfies all Arrovian conditions appropriately reformulated within a cardinal setting. We also propose methods that capture the aggregation across different scientists. (shrink)

Richard Thaler and Cass Sunstein’s Nudge advances a theory of how designers can improve decision-making in various situations where people have to make choices. We claim that the moral acceptability of nudges hinges in part on whether they can provide an account of the competence required to offer nudges, an account that would serve to warrant our general trust in choice architects. What needs to be considered, on a methodological level, is whether they have clarified the competence required for choice (...) architects to prompt subtly our behaviour toward making choices that are in our best interest from our own perspectives. We argue that, among other features, an account of the competence required to offer nudges would have to clarify why it is reasonable to expect that choice architects can understand the constraints imposed by semantic variance. Semantic variance refers to the diverse perceptions of meaning, tied to differences in identity and context, that influence how users interpret nudges. We conclude by suggesting that choice architects can grasp semantic variance if Thaler and Sunstein’s approach to design is compatible with insights about meaning expressed in science and technology studies and the philosophy of technology. (shrink)

Richard Thaler and Cass Sunstein’s Nudge advances a theory of how designers can improve decision-making in various situations where people have to make choices. We claim that the moral acceptability of nudges hinges in part on whether they can provide an account of the competence required to offer nudges, an account that would serve to warrant our general trust in choice architects. What needs to be considered, on a methodological level, is whether they have clarified the competence required for choice (...) architects to prompt subtly our behaviour toward making choices that are in our best interest from our own perspectives. We argue that, among other features, an account of the competence required to offer nudges would have to clarify why it is reasonable to expect that choice architects can understand the constraints imposed by semantic variance. Semantic variance refers to the diverse perceptions of meaning, tied to differences in identity and context, that influence how users interpret nudges. We conclude by suggesting that choice architects can grasp semantic variance if Thaler and Sunstein’s approach to design is compatible with insights about meaning expressed in science and technology studies and the philosophy of technology. (shrink)

Since Oneself as Another, Ricœur placed the notion of capability or of “I can” at the center of the hermeneutics of the self. While exploring the range of capabilities, the notion of capability itself nevertheless remains under-determined from a point of view that one may call “technical.” The claim that I defend in this article is that the hermeneutics of the capable human being requires a development of its technical dimension, in other words, a reflection on the competence and means (...) related to the “I can.” To support this claim, five dimensions of incapability of the capable human being are examined, in order to assert that incapability is the practical horizon of the action of the capable human being. Subsequently, the tension between ability and inability is described as the originary finitude of the human agent. This conclusion makes it possible to demonstrate that the capable-incapable human being reveals the technicity of the human being over the entire range of social interactions. Normal 0 false false false EN-US JA X-NONE. (shrink)

Many virtue epistemologists conceive of epistemic competence on the model of skill —such as archery, playing baseball, or chess. In this paper, I argue that this is a mistake: epistemic competences and skills are crucially and relevantly different kinds of capacities. This, I suggest, undermines the popular attempt to understand epistemic normativity as a mere special case of the sort of normativity familiar from skilful action. In fact, as I argue further, epistemic competences resemble virtues rather than skills—a claim that (...) is based on an important, but often overlooked, difference between virtue and skill. The upshot is that virtue epistemology should indeed be based on virtue, not on skill. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., (...) legal practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

There have been several recent attempts to think about psychological kinds as homologies. Nevertheless, there are serious epistemic challenges for individuating homologous psychological kinds, or cognitive homologies. Some of these challenges are revealed when we look at competing claims of cognitive homology. This paper considers two competing homology claims that compare human anger with putative aggression systems of nonhuman animals. The competition between these hypotheses has been difficult to resolve in part because of what I call (...) the boundary problem: boundaries between instances of psychological kinds (e.g., anger and fear) cannot be directly observed. Thus, there are distinctive difficulties for individuating psychological kinds across lineages. I draw four conclusions from this case study: First, recent evidence from the neuroscience of fear suggests that one of the proposed homologies involves a straightforward conflation of anger and fear. Second, this conflation arises because of the boundary problem. Third, there is an implicit constraint on the operational criteria that is easy to overlook in the psychological case. In this case, ignoring the constraint is part of the problem. Fourth, this is a clear case in which knowledge of homology cannot be accumulated piecemeal. Identifying homologs of human anger requires identifying homologs of fear. (shrink)

In this article, the concept of competence is studied from the point of view of the semiotics of education. It will be claimed that it is a central key concept when we are trying to analyse the meaning of education. Educational action can be reasonably understood as an insecure and complicatedly mediated trial to affect another person's competence. First, the recent discussion about the concept of competence and its relatives is shortly reviewed. Then, competence is analysed and defined according to (...) Greimassian semiotic theory as a basic determining character of an acting subject. At the same time as competence is indispensably central for understanding the subjects of action, it is problematically empirically ineffable. This ineffability has a special meaning in education, where we must try to both plan our own educative action and evaluate the learning of the student according to these invisible features. It is proposed that in the recent discourse of education, the very popular use of the concept of competence is misguided and problematically mixed with its conceptual counterpart performance. From this viewpoint, the concept of competence should rather be connected to the ontological concept of disposition. The problem of multi-dimensionality of competence is considered with the help of the Greimassian conception of modalities to create a richer and more detailed picture of the role of competence in action, and especially in education. (shrink)

Several bioethicists have recently advocated the force-feeding of prisoners, based on the assumption that prisoners have reduced or no autonomy. This assumed lack of autonomy follows from a decrease in cognitive competence, which, in turn, supposedly derives from imprisonment and/or being on hunger strike. In brief, causal links are made between imprisonment or voluntary total fasting and mental disorders and between mental disorders and lack of cognitive competence. I engage the bioethicists that support force-feeding by severing both of these causal (...) links. Specifically, I refute the claims that VTF automatically and necessarily causes mental disorders such as depression, and that these mental disorders necessarily or commonly entail cognitive impairment. Instead, I critically review more nuanced approaches to assessing mental competence in hunger strikes, urging that a diagnosis of incompetence be made on a case-by-case basis—a position that is widely shared by the medical community. (shrink)

Relying on a powerful collective narrative through which political, legal and social decision-making is guided in the name of science, the authority of scientific experts reaches beyond the boundaries of their certified knowledge base. Therefore, expertise constitutes and is constituted by transgressive competence. The author argues that (1) changes in the decision-making structure of liberal Western democracies and changes in the knowledge production system diminish the authority of scientific expertise while increasing the context-dependency of expertise - thereby altering the nature (...) of its predictive claims; (2) the societal distribution of expertise, while displaying emancipatory features of empowerment of citizens, also raises issues of quality control; and (3) in order to regain a balance between public and private, i.e. individual-based societally distributed expertise, future expert systems will need to adopt a longer time-perspective. The author also reflects on directions in which future expert systems might evolve. (shrink)

Feminists have argued that oppressive socialization undermines the liberal model of autonomy. We contend that this argument can also be employed effectively as a challenge to the standard bioethical model of informed consent. We claim that the standard model is inadequate because it relies on presumptions of procedural autonomy and rational choice that overlook the problem of how agents are often socialized so that they adopt and internalize oppressive norms as part of their motivational structure. The argument that oppressive socialization (...) undermines liberalism’s view of autonomy is most relevant to what Beauchamp and Childress call the threshold elements of informed consent—competence and voluntariness. We show how these elements fail to account for morally relevant factors such as oppressive socialization. (shrink)

Feminists have argued that oppressive socialization undermines the liberal model of autonomy. We contend that this argument can also be employed effectively as a challenge to the standard bioethical model of informed consent. We claim that the standard model is inadequate because it relies on presumptions of procedural autonomy and rational choice that overlook the problem of how agents are often socialized so that they adopt and internalize oppressive norms as part of their motivational structure. The argument that oppressive socialization (...) undermines liberalism’s view of autonomy is most relevant to what Beauchamp and Childress call the threshold elements of informed consent—competence and voluntariness. We show how these elements fail to account for morally relevant factors such as oppressive socialization. (shrink)

Natalie Stoljar posits that purely procedural theories of autonomy are unable to explain the ‘feminist intuition’, which is the idea that the internalization of false and oppressive norms are incompatible with autonomy. She claims instead that an account based on ‘normative competence’ – which requires true beliefs and critical reflection – can explain why oppressive norms should be excluded as legitimate decision-making inputs. On my view, however, the normative competence approach is subject to a worrying problem. While Stoljar's view (...) successfully problematizes the internalization of oppression, her view misattributes non-autonomy also to those who perpetrate the oppression. I suggest that this is implausible, arguing instead that we can establish an asymmetry of autonomy between those who oppress others and those who are made target of oppression. (shrink)

Injustice theory better serves the oppressed than theories of justice or ideal theory. Humanitarian injustice, political injustice, and legal injustice are distinguished by the rules they violate. Not all who claim political injustice have valid historical grounds, which include past oppression and its legacy. Social class, including culture as well as money, helps explain competing claims of political injustice better than racial identities. Claims of political injustice by the White Mass Recently Politicized (WMRP) are not valid given (...) the history of race relations in the United States. The WMRP’s substitution of white racial identity for class identity may obstruct their opportunities for upward socioeconomic mobility. Their current billionaire leaders are not organic leaders and they stoke racism because it is emotionally useful for getting votes. But too much emphasis on racist history by nonwhites can result in a collective Post Traumatic Stress Disorder (PTSD) that also obstructs progress. The problems of the WMRP may be their own responsibility, in ways still unexplored. (shrink)

The complex relations between Christianity and science seem to present a critical point in evolutionary theory, especially for the challenges it poses to the doctrine of original sin. I investigate the precise senses in which evolution threatens the Augustinian/Reformed formulation of original sin, analyzing each of the six tenets of the doctrine vis a vis nine evolutionary claims, as well as the supposed clash between the narratives of evolution and Christianity. I show that the threat is less impressive than (...) it is usually assumed, and I highlight where the conflict really lies. I defend that it is possible to remain faithful to the core of the doctrine of original sin and to accept the reliability of evolution as a scientific theory. I present three scenarios for “Adam and Eve” and interpret them using two different models. I favor the understanding of Adam and Eve as the whole initial human bottleneck viewed through the lens of a multilevel model. (shrink)

The paper is written in response to those who fail to recognize the relation between a patient's mental competency and her state of pain. Some clinicians claim that a proper diagnosis can only be made in the absent of analgesia. Rather, the patient's state of pain directly affects her mental competency and thus her ability to give valid consent. Clinicians should rethink their approach to diagnosis when the patient is in pain.

Barresi & Moore's account has at least two implications for moral psychology. First, it appears to provide support for cognitive theories of moral competence. Second, their claim that the development of social understanding depends upondomain-generalchanges in cognitive ability appears to oppose the idea that moral competence is under-pinned by a moral module.

In discussions of standards of proof, a familiar perspective often emerges. According to what we call specificationism, standards of proof are legal rules that specify the quantum of evidence required to determine that a litigant’s claim has been proven. In so doing, they allocate the risk of error among litigants (and potential litigants), minimizing the risk of certain types of error. Specificationism is meant as a description of the way the rules actually function. We argue, however, that its claims (...) are either mistaken or at a minimum deeply misleading, especially when it comes to standard of proof rules (SPRs) that contain indeterminate formulas, as is typical. As against specificationism, we argue that SPRs are best understood as rules that confer competence to decide whether a given standard has been met—according to whatever vague or inchoate interpretation (if any) of the rule in question triers of fact implicitly or explicitly employ. We call this the competence-norm approach. (shrink)

John Broome has proposed a theory of fairness according to which fairness requires that agents’ claims to goods be satisfied in proportion to the relative strength of those claims. In the case of competing claims for a single indivisible good, Broome argues that what fairness requires is the use of a weighted lottery as a surrogate to satisfying the competing claims: the relative chance of each claimant's winning the lottery should be set to the (...) relative strength of each claimant's claim. In this journal, James Kirkpatrick and Nick Eastwood have objected that the use of weighted lotteries in the case of indivisible goods is unacceptable. In this article, I explain why Kirkpatrick and Eastwood's objection misses its mark. (shrink)

I heartily agree with Sam Doernberg and Robert Troug’s claims that there are important differences between “general morality” and medical ethics, and that in some instances they issue contradictory...

In recent years, there is growing concern with some of the bizarre practices in some neoprophetic churches. Amongst the concerns raised are the bizarre practices and the commercialisation of churches with claims that churches are being turned into lucrative businesses. In this article, the relationship amongst prophets, churches and commerce is explored, focusing on competitive behaviour in an open market or free market. The article engages the following issues: firstly, the issue of religious marketing in the context of a (...) free market and consumerism; secondly, branding faith in relation to competition between churches and brands of prophets and thirdly, fraudulent activities facilitated by prophets.Contribution: The article provides a critical assessment of the practices of prophets and neoprophetic churches considering their commercial interests. Thus, the study points to the intersection between religion and commerce. (shrink)

This paper proposes an outline of a view concerning intuitions, tying them to our basic cognitive competences, or virtues-capacities, a view that is here called The Moderate Voice-of-Competence view. This view claims that intuitions form a kind, albeit a relatively superficial one, united by their phenomenal appearance, but linked to capacities for understanding various domains. Further, intuitions are extroverted, turned towards the items they are explicitly about, and normatively answerable to them; they teach us about things “outside”, not merely (...) about our representation(s) of them. This view also takes seriously the actual dialectics of having intuitions: asking (or being asked) a question, imagining a scenario, giving a simple, preliminary answer to the question, formulating the immediate intuition which is often developed by considering other examples, and so on. This work involves more than mere inference following rules of logic. Further, this view is for the most part committed to realism about the objects of intuitions, and is very keen on their explainability. Finally, this view offers a complex answerabout the normative epistemic status of intuitions, tilted towards a posteriority: although intuitions are prima face a priori, their reflective justification has a rich structure in which a posteriori elements play a crucial role. (shrink)

This article examines two currently disputed issues regarding public policy for mentally retarded people. First, questions are raised about the legal tradition of viewing mental competence as an all-or-nothing attribute. It is argued that recently developed limited competence and limited guardianship laws can provide greater freedom for retarded people without sacrificing needed protection. Second, the question of who should act paternalistically for retarded people incapable of acting for themselves is examined. Rothman's claim that special formal advocates are the best representatives (...) for retarded people is discussed and criticized. It is argued that parents, professionals and legal advocates should share decision-making authority on behalf of those who are incompetent. (shrink)

Animal welfare has been conceptualized in such a way that the use of animals in science and for food seems justified. I argue that those who have done this have appropriated the concept of animal welfare, claiming to give a scientific account that is more objective than the sentimental account given by animal liberationists. This strategy seems to play a major role in supporting merely limited reform in the use of animals and seems to support the assumption that there are (...) conditions under which animals may be raised and slaughtered for food that are ethically acceptable. Reformists do not need to make this assumption, but they tend to conceptualize animal welfare is such a way that death does not count as harmful to the interests of animals, nor prolonged life a benefit. In addition to this prudential value assumption, some members of this community have developed strategies for defending suitably reformed farming practices as ethical even granting that death and some other forms of constraints are harms. One such strategy is the fiction of a domestic contract. However, if one accepts the conceptualization of human welfare give by L. W. Sumner, and applies it to animals in the way that I think is justified, an accurate conceptualization of animal welfare has different implications for which uses of animals should be regarded as ethically acceptable. In this paper I give an historical and philosophical account of animal welfare conceptulization and use this account to argue that animal breeders, as custodians of the animals they breed, have the ethical responsibility to help their animal wards achieve as much autonomy as possible in choosing the form of life made available to them and to provide that life. Attempts to avoid these implications by alluding to a contract model of the relationship between custodians and their wards fail to relieve custodians of their ethical responsibilities of care. (shrink)