According to an argument commonly made by politicians, selling weapons to oppressive and aggressive regimes can sometimes be permissible because the sale renders the victims of these regimes no worse off than they would have been had the sale not been made. We can refer to this argument as the inconsequence argument. My primary aim in this article is to identify one reason why the inconsequence argument will often not succeed in vindicating arms sales to oppressive and aggressive regimes. The (...) inconsequence argument will often not succeed because arms sales to oppressive and aggressive regimes often do make the victims of these regimes worse off than they would have been had the sales not gone ahead. The victims of these regimes are often made worse off in virtue of the fact that arms sales can generate expressed harms, which, unlike some of the material harms often engendered by such sales, are additive (rather than substitutive) in character. As I shall explain, expressed harms are similar to, but also significantly different from, expressive harms. The differences are important because they allow us to construct a reply that can answer the inconsequence argument on its own (consequentialist) terms. (shrink)

Self-harm, or self-mutilation, is generally viewed in academic literature as a pathological act, usually born out of trauma and/or a psychological and personality defect. Individuals who engage in self-harm are usually seen as damaged, destructive, and pathological. While self-harm is not a desirable act, this paper argues through the narratives of those who engage in such acts that self-harm may be better construed as a meaningful, embodied emotional practice, bound up in social understandings of psychological pain and how best to (...) attend to such pain. In particular, this paper suggests that those who engage in self-harm practices are performing embodied, socially situated acts of healing, survival, and self-creation in a physical attempt to retell complex, fragmented stories of abuse, existential angst, trauma, and loss of self. While these individuals may be more or less successful in such attempts, this paper suggests that understandings of self-harm would benefit from more nuanced approaches to individuals’ embodied expressions of pain that take into account the difficult nature of psychological suffering and the effects of trauma. (shrink)

Larry May's and Kenneth Shockley's discussions of punishment for mob‐based harms fall back on the idea of individual mens rea. They recognise that the mens rea element is complicated by the fact that an individual's intentional actions in the context of mob activity have a collective dimension to them, either because they are ‘group‐based’, or because they are enabled or constrained by the collective's ‘normative authority’. However, their accounts of punishment fail to adequately reflect this complication. We claim that (...) this is because they primarily countenance ‘paradigmatic’ forms of punishment. Part 2 of the article argues that a non‐paradigmatic form of punishment – one that is ‘expressive’ insofar as it publicly communicates a denunciation – can better target the complex relations between the individual and collective dimensions of mob‐based harms. In order to better illuminate the target of such punishment, Part 1 of the article clarifies the relation between individual, shared and collective responsibility for mob‐based harms. Responding to several shortcomings in May's and Shockley's work, we examine the emergence of ‘mob mentality’ and argue that mob beliefs, intentions and norms are dynamically ‘expressed’ (i.e. publicly manifested, communicated and shaped) in and through the situated behaviour of individual mob members. (shrink)

Intuitively, a speaker who uses slurs to refer to people is doing something morally objectionable even if no one is measurably affected by their speech. Perhaps they are only talking to themselves, or they are speaking with bigots who are already as vicious as they can be. This paper distinguishes between slurring as an expressive act and slurring as the act of causing a psychological effect. It then develops an expression-focused ethical account in order to explain the intuition that (...) slurring involves an effect-independent moral wrong. The core idea is that the act of expressing a morally defective attitude is itselfpro tantomorally objectionable. Unlike theories that focus only on problematic effects, this view is able to shift the moral burden of proof away from victims of slurring acts and onto speakers. It also offers moral guidance with respect to metalinguistic and pedagogical utterances of slurs. (shrink)

It is suggested that the Harm Principle can be viewedas the moral basis on which genetically modified (GM) food iscurrently regulated. It is then argued (a) that the concept ofharm cannot be specified in such a manner as to render the HarmPrinciple a plausible political principle, so this principlecannot be used to justify existing regulation; and (b) that evenif the Harm Principle were a plausible political principle, itcould not be used alone in the regulation of GM food, since itdoes not (...) express a concern for the expected benefits of suchfood. (shrink)

In this paper, I argue that hate speech expresses hate, and answer some objections to expressivist views. First, I briefly comment on some limitations of pragmatic accounts of harmful speech. I then present an expressive-normative view of derogatory discourse according to which it is expressive of an affective state by presupposing it. A linguistic act expressive of an affective state inherits the normativity that is constitutive of that state, as directed to its intentional object. If the act (...) is successful, it updates the conversational context with the normative appraisal conditions of the affective state presupposed. I argue that this model can be applied to hate speech. I rely on current research on the psychology of hate to identify the appraisal conditions, action tendencies, and motivational goals characteristic of hate. The account supplements other pragmatic accounts of hate speech. (shrink)

The classical liberal doctrine of free expression asserts the priority of speech as an extension of the freedom of thought. Yet its critics argue that freedom of expression, itself, demands the suppression of the so-called “silencing speech” of racists, sexists, and so on, as a threat to the equal expressive rights of others. This essay argues that the claim to free expression must be distinguished from claims to equal speech. The former asserts an equal right to express one’s thoughts (...) without interference; the latter the right to address others, and to receive a hearing and consideration from them, in turn. I explore the theory of equal speech in light of the ancient Athenian practice of isegoria and argue that the equality demanded is not distributive but relational: an equal speaker’s voice should be counted as “on a par” with others. This ideal better captures critics’ concerns about silencing speech than do their appeals to free expression. Insofar as epistemic and status-harms provide grounds for the suppression and exclusion of some speech and speakers, the ideal of equal speech is more closely connected with the freedom of association than of thought. Noticing this draws attention to the continuing—and potentially problematic—importance of exclusion in constituting effective sites of equal speech today. (shrink)

With increased frequency, reproductive technologies are placing prospective parents in the position of choosing whether to bring a disabled child into the world. The most well-known objection to the act of “selecting against disability” is known as the Expressivist Argument. The argument claims that such acts express a negative or disrespectful message about disabled people and that one has a moral reason to avoid sending such messages. We have two primary aims in this essay. The first is to critically examine (...) the standard Expressivist Argument, which we analyze in terms of the expression of ableist attitudes. We distinguish three interpretations of the argument and argue that each version faces serious objections. Our second aim is to articulate two closely related arguments that also pertain to expressed ableist attitudes. The Expressive Harms Argument maintains that there is a moral reason to avoid actions that give rise to the perception of ableist attitudes in cases where this is likely to have negative consequences for disabled people. The Ableist Motivation Argument speaks against selecting against disability in cases where one would be motivated by ableist attitudes. While these two arguments face various objections, we seek to establish that they are more promising than the most natural interpretations of the Expressivist Argument. (shrink)

This article advocates employing John Stuart Mill's harm principle to set the boundary for unregulated free speech, and his Greatest Happiness Principle to regulate speech outside that boundary because it threatens unconsented-to harm. Supplementing the harm principle with an offense principle is unnecessary and undesirable if our conception of harm integrates recent empirical evidence unavailable to Mill. For example, current research uncovers the tangible harms individuals suffer directly from bigoted speech, as well as the indirect harms generated by (...) the systemic oppression and epistemic injustice that bigoted speech constructs and reinforces. Using Mill's ethical framework with an updated notion of harm, we can conclude that social coercion is not justified to restrict any harmless speech, no matter how offensive. Yet certain forms of speech, such as bigoted insults, are both harmful and fail to express a genuine opinion, and so do not deserve free speech protection. (shrink)

This article revisits French sociologist Marcel Mauss’ notion of ‘techniques of the body’ to analyze the emergence of corporeal and behavioral norms instituted to prevent the spread of the coronavirus pandemic. Centering its analysis on the early stages of COVID’s global spread, the article examines a range of everyday, micro-practices that reveal how the pandemic changed our awareness, uses, and assessments of our own and others’ bodies. In a context where to not touch was to care, people often struggled to (...) find a balance between maintaining social civility and sustaining collective health. Failure to adapt the body to pandemic conditions, or instances of COVID faux-pas, resulted in discomfort, embarrassment, or annoyance on the part of those who perceived this behavior as irresponsible, dangerous, and selfish. Changing bodily practices thus became subject to judgment in ways that sometimes obscured the uneven distribution of risk and protection afforded to differently privileged or vulnerable human communities as they grappled with the uncertain phenomenologies of pandemic living and dying. COVID-19 corporealities, both fleshly and virtual, thus reveal the conjoined articulation of the social, biological, cultural, moral, and psychological in our bodily movements, expressions, and assessments. In contrast to Mauss’ theorization, many techniques of the body in the Covidscape were experienced as new, contextual, shifting, and improvised. They spoke to necessity and challenge of articulating a different relationship to the world and to others, enacted in the minute and mundane practices of everyday life, through which macro-level processes and forces are embodied and evaluated. (shrink)

I argue in this essay that there can be harm due to philosophy that is not directly expressed in violent imagery. The harm is instead a concealed and delayed detrimental effect of an assumption of non-violence in a working model, defined as a picture of a field of enquiry and the methods required to approach it. Theses for the extended mind, as developed by Andy Clark and others, lead to a form of harm that follows from the models they work (...) with. These engineering, tool and function-based models seek smooth interactions and transparency. Following points made by Kim Sterelny in the philosophy of biology, I argue that claims for smoothness and transparency conceal underlying conflict in the situations they seek to describe and explain. This concealment leads to harm, defined as a diminishing of our capacities to flourish in a given environment. (shrink)

Dignity is an expansive ideal, figuring in international covenants, codes of research involving human participants, and debates about decision making at the end of life. One result of this expansiveness is that human dignity can be appropriated by proponents on both sides of many issues, thereby appearing more as a rhetorical flourish than as a serious element in argumentation. However, an appreciation of narrative inquiry shows that opposing representations of dignity constitute alternative assessments of responsible action, both of which can (...) be morally reasonable. One implication is that normative disagreements, as between deathbed decisions about palliative care or euthanasia, can be expected to occur, so that the ideal of dignity should be legally expressed in a practice of supportive laissez-faire in preference to any undue regulation of dying. (shrink)

As autonomous systems rapidly become ubiquitous, there is a growing need for a legal and regulatory framework to address when and how such a system harms someone. There have been several attempts within the philosophy literature to define harm, but none of them has proven capable of dealing with with the many examples that have been presented, leading some to suggest that the notion of harm should be abandoned and "replaced by more well-behaved notions". As harm is generally something (...) that is caused, most of these definitions have involved causality at some level. Yet surprisingly, none of them makes use of causal models and the definitions of actual causality that they can express. In this paper we formally define a qualitative notion of harm that uses causal models and is based on a well-known definition of actual causality (Halpern, 2016). The key novelty of our definition is that it is based on contrastive causation and uses a default utility to which the utility of actual outcomes is compared. We show that our definition is able to handle the examples from the literature, and illustrate its importance for reasoning about situations involving autonomous systems. (shrink)

Mary Kate McGowan’s Just Words offers an interesting account of exercitives. On McGowan’s view, one of the things we do with words is change what’s permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan’s account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan’s focus on harm is misguided; (...) that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan’s account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers’ views about moral norms, not change social norms. Third, McGowan’s argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable. (shrink)

Would suppressing deepfakes violate freedom of expression norms? The question is pressing because the deepfake phenomenon in its more poisonous manifestations appears to call for a response, and automated targeting of some kind looks to be the most practically viable. Two simple answers are rejected: that deepfakes do not deserve protection under freedom of expression legislation because they are fake by definition; and that deepfakes can be targeted if but only if they are misleadingly presented as authentic. To make progress, (...) following a discussion of why freedom of expression deserves protection in a democracy, the question is reframed. At issue is not whether the arrival of deepfakes brings new and potentially serious dangers (it does), nor whether these dangers call for measures that potentially limit freedom of expression (they do), but whether the need for such measures raises any new and unfamiliar freedom-of-expression challenges. The answer to that question, surprisingly, is no. The balancing act needed to cope with the arrival of deepfakes brings plenty of difficulties, certainly, but none of the measures likely to be effective in tackling deepfake harms raises freedom-of-expression concerns that aren’t familiar from consideration of non-deepfake harms. In that respect, at least, the arrival of deepfakes makes no difference. (shrink)

Some philosophers (Duff, Hampton) conceive of punishment as a way of communicating a message to the punished and argue that this communicative function justifies the harm of punishment. I object to communicative theories because punishment seems intuitively justified in cases in which it fails as a method of communication. Punishment fails as communication when the punished ignores the intended message or fails to understand it. Among those most likely to ignore or fail to understand the message of punishment are the (...) most hardened criminals, whom we typically think are appropriate targets of punishment. I suggest that an alternative justificatory strategy, one that focuses not on the successful receipt of the message of punishment by the wrongdoer but on the expression of condemnation by the community, is not subject to the same worry. The norms of successful expression are more easily met than those of communication, so that expressing condemnation toward a criminal might be justified even if he is unreceptive in the face of the expression. (shrink)

This essay is a response to the events surrounding Hypatia's publication of “In Defense of Transracialism.” It does not take up the question of “transracialism” itself, but rather attempts to shed light both on what some black women may have experienced following from the publication of the article and on how we might understand this experience as harm. It also suggests one way for feminist journals to reduce the likelihood of similar harms occurring in the future. I begin by (...) describing a discussion that occurred in my classroom that bears some resemblance to the much larger debate that emerged around Hypatia. Next, I elaborate a concept of imperial harm. I then address how this concept comes to be relevant to the experience of black women within the discipline of philosophy in general, before briefly describing how academic feminism has served as a particular site of imperial harm for black women. Finally, touching on the idea of expressive harm, I conclude with an appeal for the adoption of more feminist publication ethics. (shrink)

To call attention to and motivate action on ethical issues in business or society, messengers often criticize groups for wrongdoing and ask these groups to change their behavior. When criticizing target groups, messengers frequently identify and express concern about harm caused to a victim group, and in the process address a target group by criticizing them for causing this harm and imploring them to change. However, we find that when messengers criticize a target group for causing harm to a victim (...) group in this way—expressing _singular concern_ for the victim group—members of the target group infer, often incorrectly, that the messenger views the target group as less moral and unworthy of concern. This inferred lack of moral concern reduces criticism acceptance and prompts backlash from the target group. To address this problem, we introduce _dual concern_ messaging—messages that simultaneously communicate that a target group causes harm to a victim group and express concern for the target group. A series of several experiments demonstrate that dual concern messages reduce inferences that a critical messenger lacks moral concern for the criticized target group, increase the persuasiveness of the criticism among members of the target group, and reduce backlash from consumers against a corporate messenger. When pursuing justice for victims of a target group, dual concern messages that communicate concern for the victim group _as well as_ the target group are more effective in fostering openness toward criticism, rather than defensiveness, in a target group, thus setting the stage for change. (shrink)

This article reads Malu De Martino’s 2010 film Como Esqueçer as a case study in self-harm as a mode of expression and self-inquiry. Drawing on disability and queer theory, psychoanalysis, and sociology of medicine, the author argues that How to Forget charts a “crip” epistemology of self-harm and theorizes a “social self.” That is to say, the film models an orientation towards self-harm that offers a coalitional and social therapeutic understanding. Based on this reading, the author suggests the application of (...) practices of knowing-with, or knowing-in-relation as “cripistemology” to a broader therapeutic, research, and lay context. (shrink)

States are in the process of creating controversial legislation aimed at subjecting ‘harmful’ online communication on social media and search engines to new regulatory regimes. Critics argue that these measures are serious threats to the right to freedom of expression and freedom from surveillance. This article first draws on elements of systems theory to reframe the right to freedom of expression in democracy as a means of protecting the value of generalised second-order observation. Taking the UK’s Online Safety bill as (...) the paradigm example of the new laws, the article analyses the concept of harmful communication at three levels: society, organisation, and subject. It identifies a shift in the law’s epistemic approach to communication, by which individuals are reconfigured from agential subjects into contingent users, whose capacities are determined by the structure of online communication platforms. In this configuration, norms previously considered indispensible are relegated to second-order effects of the affordances of media. Arguing that it is insufficient to merely reaffirm subjective rights in light of this shift, the article suggests systems theoretical analysis as a means of identifying lines of critique. (shrink)

My aim in this essay is to advance the state of scholarly discussion on the harms of genocide. The most obvious harms inflicted by every genocide are readily evident: the physical harm inflicted upon the victims of genocide and the moral harm that the perpetrators of genocide inflict upon themselves. Instead, I will focus on a kind of harm inflicted upon those who are neither victims nor perpetrators, on those who are outside observers, so to speak. My thesis (...) will be that when a whole community or culture is eliminated, or even deeply wounded, the world loses an avenue for insight into the human condition. My argument is as follows. In order to understand human nature, and that which promotes its flourishing, we must certainly study individual human beings. But since human beings as rational and linguistic animals are in part constituted by the communities in which they live, the study of human nature should also involve the study of communities and cultures—both those that are well ordered and those that are not. No one community or culture has expressed all that can be said about the human way of existing and flourishing. And given that the unity and wholeness of human nature can only be glimpsed in a variety of communities and cultures, then part of the harm of genocide consists in the removal of a valuable avenue for human beings to better understand themselves. (shrink)

My aim in this essay is to advance the state of scholarly discussion on the harms of genocide. The most obvious harms inflicted by every genocide are readily evident: the physical harm inflicted upon the victims of genocide and the moral harm that the perpetrators of genocide inflict upon themselves. Instead, I will focus on a kind of harm inflicted upon those who are neither victims nor perpetrators, on those who are outside observers, so to speak. My thesis (...) will be that when a whole community or culture is eliminated, or even deeply wounded, the world loses an avenue for insight into the human condition. My argument is as follows. In order to understand human nature, and that which promotes its flourishing, we must certainly study individual human beings. But since human beings as rational and linguistic animals are in part constituted by the communities in which they live, the study of human nature should also involve the study of communities and cultures—both those that are well ordered and those that are not. No one community or culture has expressed all that can be said about the human way of existing and flourishing. And given that the unity and wholeness of human nature can only be glimpsed in a variety of communities and cultures, then part of the harm of genocide consists in the removal of a valuable avenue for human beings to better understand themselves. (shrink)

From over 2000 years ago the ideal expressed in the Hippocratic Oath has encouraged doctors never knowingly to do harm: primum non nocere. Over 25 years ago the management writer Peter Drucker proposed it as the basis of a management ethic, ‘the right rule for the ethics managers need, the ethics of responsibility’.1 He argued then that the rule had wide scope encompassing for instance executive compensation, management rhetoric and the management of business impacts. In 2000 the United Nations Global (...) Compact embodied a Principle 7 enjoining ‘a precautionary approach to environmental challenges’ as defined in Principle 15 of the 1992 Rio Declaration. But what can such precautionary injunctions mean in practice? And what of conflicts with other values? Robin Attfield lays out the key questions he argues need to be asked about the Precautionary Principle if it is to be taken seriously and acted upon soundly. His focus is on the management of vulnerable resources — specifically planetary ecosystems — with whose management knowingly or otherwise we are all concerned. (shrink)

Multi-user online environments involve millions of participants world-wide. In these online communities participants can use their online personas – avatars – to chat, fight, make friends, have sex, kill monsters and even get married. Unfortunately participants can also use their avatars to stalk, kill, sexually assault, steal from and torture each other. Despite attempts to minimise the likelihood of interpersonal virtual harm, programmers cannot remove all possibility of online deviant behaviour. Participants are often greatly distressed when their avatars are harmed (...) by other participants’ malicious actions, yet there is a tendency in the literature on this topic to dismiss such distress as evidence of too great an involvement in and identification with the online character. In this paper I argue that this dismissal of virtual harm is based on a set of false assumptions about the nature of avatar attachment and its relation to genuine moral harm. I argue that we cannot dismiss avatar attachment as morally insignificant without being forced to also dismiss other, more acceptable, forms of attachment such as attachment to possessions, people and cultural objects and communities. Arguments against according moral significance to virtual harm fail because they do not reflect participants’ and programmers’ experiences and expectations of virtual communities and they have the unintended consequence of failing to grant significance to attachments that we take for granted, morally speaking. Avatar attachment is expressive of identity and self-conception and should therefore be accorded the moral significance we give to real-life attachments that play a similar role. (shrink)

Philosophical discussions on causal inference in medicine are stuck in dyadic camps, each defending one kind of evidence or method rather than another as best support for causal hypotheses. Whereas Evidence Based Medicine advocates the use of Randomised Controlled Trials and systematic reviews of RCTs as gold standard, philosophers of science emphasise the importance of mechanisms and their distinctive informational contribution to causal inference and assessment. Some have suggested the adoption of a pluralistic approach to causal inference, and an inductive (...) rather than hypothetico-deductive inferential paradigm. However, these proposals deliver no clear guidelines about how such plurality of evidence sources should jointly justify hypotheses of causal associations. We here develop such guidelines by first giving a philosophical analysis of the underpinnings of Hill’s viewpoints on causality. We then put forward an evidence-amalgamation framework adopting a Bayesian net approach to model causal inference in pharmacology for the assessment of harms. Our framework accommodates a number of intuitions already expressed in the literature concerning the EBM vs. pluralist debate on causal inference, evidence hierarchies, causal holism, relevance, and reliability. (shrink)

Should the law punish the mere utterance of lies even if the listener has not been deceived? Seana Shiffrin has recently answered this question in the affirmative. She argues that pure lying as such harms the moral fabric of sincerity and distorts the testimonial warrants which underpin communication. The article begins with a discussion of Shiffrin’s account of lying as a moral wrong and the idea of impersonal harm to moral goods. Then I raise two objections to her theory. (...) First, it does not explain persuasively why the fabric of sincerity is so vulnerable to pure lying. Second, it underestimates the need for a causal link between the alleged harm and the speech the government suppresses. I explore the function of the causal inquiry in constitutional law and suggest that if Shiffrin’s theory were to become the standard for adjudication in freedom of expression cases, protection for speech would deteriorate. (shrink)

Some philosophers hold that stifling free expression stifles intellectual life. Others reply that freedom of expression can harm members of marginalized groups by alienating them from social life or worse. Yet we should still favour freedom of expression, especially where marginalized groups are concerned. It's better to know who has repugnant beliefs as it allows marginalized groups to identify threats: free expression qua self-defence.

This paper considers whether victims can justify what appears to be unnecessary defensive harming by reference to an honour-based justification. I argue that such an account faces serious problems: the honour-based justification cannot permit, first, defensive harming, and second, substantial unnecessary harming. Finally, I suggest that, if the purpose of the honour based justification is expressive, an argument must be given to demonstrate why harming threateners, as opposed to opting for a non-harmful alternative, is the most effective means of (...) affirming one’s honour. Along the way, I also suggest why I think that internalism about the constraints on defensive harming (the view that the satisfaction of the necessity constraint is a necessity condition of a threatener’s liability) is correct. Most importantly, externalism implies that threateners can be liable to suffer gratuitous harm. I take this to be an unattractive consequence of the view. (shrink)

I apply Karl Popper’s conception of critical rationality to the question of personal fulfilment. I show that such fulfilment normally depends upon the person achieving positive freedom, and that positive freedom requires negative freedom, including freedom of expression. If the state has legitimacy, its central duty must be the enforcement of those rules that provide the best prospects for personal fulfilment for the people under its jurisdiction. The state is therefore morally debarred from suppressing freedom of expression. I consider and (...) rebut arguments from falsity, harm, offence, and democratic principles, which are intended to show that the state should prohibit the expression of some types of content. I go on to argue that typical university speech codes are incompatible with the aims of an institution of higher education. (shrink)

Many popular artificial intelligence (AI) ethics frameworks center the principle of autonomy as necessary in order to mitigate the harms that might result from the use of AI within society. These harms often disproportionately affect the most marginalized within society. In this paper, we argue that the principle of autonomy, as currently formalized in AI ethics, is itself flawed, as it expresses only a mainstream mainly liberal notion of autonomy as rational self-determination, derived from Western traditional philosophy. In (...) particular, we claim that the adherence to such principle, as currently formalized, does not only fail to address many ways in which people’s autonomy can be violated, but also to grasp a broader range of AI-empowered harms profoundly tied to the legacy of colonization, and which particularly affect the already marginalized and most vulnerable on a global scale. To counter such a phenomenon, we advocate for the need of a relational turn in AI ethics, starting from a relational rethinking of the AI ethics principle of autonomy that we propose by drawing on theories on relational autonomy developed both in moral philosophy and Ubuntu ethics. (shrink)

This article revisits a principle of distributive justice accepted by most, if not all, scholars of climate justice. The principle at stake, the limit, protects those who are very badly off from bearing the costs of climate change mitigation. The persistent noncompliance of developed states with their obligations toward burden sharing, however, means that this principle is increasingly in tension with successful climate change mitigation, given it seems to require that those in poverty have continued access to emissions in cases (...) where alternative forms of energy are not provided. In the first half of the paper I outline this tension and show how the dominant expression of the limit in the literature, advanced by Henry Shue, must be abandoned. I argue that any attempt to articulate the limit in current circumstance, where the carbon budget is very scarce, must consider the climate harm associated with continued subsistence emissions. The second half of the article defends a principle, the exemption, which is best able to maintain the strong commitment to shielding those below the minimal threshold from the costs of mitigation, even in light of the potential harm that will result if they require emissions to fuel their energy needs. (shrink)

Psychiatric patients may try (or express a desire) to injure themselves in hospital in order to cope with overwhelming emotional pain. Some health care practitioners and patients propose allowing a controlled amount of self-injury to occur in inpatient facilities, so as to prevent escalation of distress. Is this approach an example of professional assistance with harm? Or, is the approach more likely to minimise harm, by ensuring safer self-injury? In this article, I argue that health care practitioners who use harm-minimisation (...) can be considered to be helping physical injury to occur, although they do not encourage the act. I consider why there are compelling reasons to believe that a patient who self-injures is not maximally autonomous in relation to that choice. However, I then move onto argue that allowing a degree of self-injury may enable engagement with psychotherapy (enhancing autonomy) and behavioural change. In these circumstances, allowing injury (with precautions) may not be harm, all things considered. (shrink)

I present the notion of epistemic injustice coined by Miranda Fricker and apply it to the situation of people with intersex traits, especially intersex children who are the subjects of “normalizing” surgery. Several studies from Polish hospitals show that both early “normalizing” surgery and the decision to postpone such surgery can result in harm to an intersex child. For this reason, I claim that “normalizing” surgery is only an expression of the epistemic hermeneutical injustice existing before the surgery and that (...) its source is the lack of an empirically adequate notion of sex characteristics. The binary notion is too simple to grasp intersex traits, and this epistemic dysfunction turns into practical harm. In contrast to Morgan Carpenter, I defend the nonbinary gender category as being important to limiting “normalizing” surgery. (shrink)

Two unique aspects of spinoza's theory of freedom of expression are explored in depth-Its articulation of a positive liberty of expression, And the distinction it draws between pure expressive acts and speech intended as action. Spinoza's theory is then applied to cases where speech causes harm. His theory is explicitly distinguished from that of mill, And it is concluded that his theory, Although not without faults, Avoids several difficulties of other liberal theories.

Mundane and often subtle forms of bias generate harms that can be fruitfully understood as akin to the harms evident in rudeness. Although subclinical expressions of bias are not mere rudeness, like rudeness they often manifest through the breach of mannerly norms for social cooperation and collaboration. At a basic level, the perceived harm of mundane forms of bias often has much to do with feeling oneself unjustly or arbitrarily cut out of a group, a group that cooperates (...) and collaborates but does not do so with me. Appealing to the subtle but familiar choreography of mannered social interaction, I argue, makes it easier to recognize how exclusion can be accomplished through slight but symbolically significant gestures and styles of interaction, where bias manifests not in announced hostility but in an absence of the cooperation and collaboration upon which we rely socially. (shrink)

It is often held that people have a moral right to believe and say whatever they want. For instance, one might claim that they have a right to believe racist things as long as they keep those thoughts to themselves. Or, one might claim that they have a right to pursue any philosophical question they want as long as they do so with a civil tone. In this paper I object to those claims and argue that no one has such (...) unlimited moral rights. In Part 1 I explore the value of the freedoms of thought and expression. In Part 2 I argue against the unlimited moral right to free expression, focusing in particular on the special obligations and moral constraints that obtain for academics. In Part 3 I argue against the unlimited moral right to free thought. (shrink)

This chapter contains sections titled: Mill on Liberty Khomeini v. Rushdie Fukuyama Giving Up on the Arab World The Limits of Free Speech The Deontological and Utilitarian Justifications for Free Speech Clifford on the Duty to Critique Freedom of Speech and Philosophers on the Index Intolerance not Restricted to Islam Giniewski v. France Freethought under Fire People Are not Being Insulted for Having a Religion Racism without Race Social Criticism not Identical with the Urge to Provoke Flemming Rose on Why (...) He Published the Danish Cartoons The Theory of Evolution: Too Controversial to Defend? Is There Another Way to Discover the Truth than by Free Discussion? (shrink)

Female genital cutting (FGC) is generally understood as a gendered harm, abusive cultural practice and human rights violation. By contrast, male genital cutting (MGC) is held to be minimally invasive, an expression of religious identity and a legitimate parental choice. Yet scholars increasingly problematize this dichotomy, arguing that male and female genital cutting can occasion comparable levels of harm. In 2015 this academic critique received judicial endorsement, with Sir James Munby's acknowledgement that all genital cutting can cause ‘significant harm’. This (...) article investigates the harm occasioned by MGC. It is informed by a Freedom of Information (FoI) study which provides some empirical evidence of the nature and frequency of physical harm caused by MGC in U.K. hospitals. While acknowledging the challenges and limitations of FoI research, we outline important lessons that this preliminary study contains for medical ethics, law and policy. It provides some empirical evidence to support claims regarding the risks which accompany the procedure and the obligation of health professionals to disclose them, and reveals the paucity of measures in place to ensure that harms are recorded, disclosed and monitored. (shrink)

This article examines the issues raised by religious adherents’ wish to express their beliefs in the public domain through, for example, their modes of dress, their performance of public roles, and their response to homosexuality. It considers on what grounds religion might merit special treatment and how special that treatment should be. A common approach to these issues is through the notion of religious identity, but both the idea of religious identity and its use to ground claims against others prove (...) deeply problematic. An alternative and more productive approach is through the notion of harm. People should enjoy the freedom to express their religious convictions subject to the harm principle, but harm should include the undermining of people’s status as free and equal citizens. The article concludes by considering the grounds upon which this alternative approach might recognize religion as special and might justify giving an overriding status to civic equality. (shrink)

This essay examines contemporary liberal theory in light of the 12 cartoons of the Prophet Muhammad, first published in the Danish newspaper Jyllands-Posten. The objective is both to show the limits of liberal theory, in particular with regard to constituents who do not share liberalism's view of acceptable harm, and to discuss how these limits give us reason to supplement liberal theory with other recourses from critical theory and phenomenology. The essay warns against a bifurcation of law and harm, and (...) instead argues for a pluralization of the possible links between them. To this end, the essay foregrounds what T.M. Scanlon dubs a certain ‘creative instability’, which works to energize liberalism's practice of free speech. The essay tracks this possibility in relation to the plurality and energy intrinsic to the 12 Jyllands-Posten cartoons, and suggests that liberal theory can learn from thinkers such as Merleau-Ponty and Deleuze who focus on the variable impacts and framings of free speech. The upshot is a self-critical theory of free expression, one that links harmful speech to the affirmation of mutual contestation, social equality and respect for difference. (shrink)

The amount of content, both on and offline, to which people in reasonably affluent nations have access has increased to the point that it has raised concerns that we are now suffering from a harmful condition of ‹information overload.’ Although the phrase is being used more frequently, the concept is not yet well understood – beyond expressing the rather basic idea of having access to more information than is good for us. This essay attempts to provide a philosophical explication of (...) the concept of information overload and is therefore what philosophers call ‹conceptual analysis’ – a task that, along with normative ethical analysis, is distinctive to Anglo-American style analytic philosophy. I will begin with an analysis of the atomic concepts expressed by the terms ‹information’ and ‹overload’ and then attempt to give a philosophical explanation of the concept of information overload that more precisely identifies exactly what the condition amounts to. (shrink)

Using a new method, we examined whether incidental perception of need-rewarding (positive) objects unintentionally prepares motor action. Participants who varied in their level of need for water were presented with glasses of water (and control objects) that were accompanied by go and no-go cues that required a response (key-press) or withholding a response. Importantly, if need-rewarding objects unintentionally prepare action, presentation of no-go cues should lead to motor inhibition of these prepared motor impulses. Consistent with this hypothesis, results showed that (...) participants relatively high in need for water (and hence, who perceive water as a rewarding, positive object) were slower to react to a successive action probe after withholding a response during perception of water than during perception of the control object, suggesting motor inhibition of unintentionally prepared motor impulses. We propose that incidental perception of need-rewarding objects unintentionally potentiates preparation of motor action to these objects. (shrink)

Unrepresented patients are individuals who lack decision makingcapacity and have no family or friends to make medical decisions for them. This population is growing in number in the United States, particularly within emergency and intensive care settings. While some bioethical discussion has taken place in response to the question of who ought to make decisions for these patients, the issue of how surrogate medical decisions ought to be made for this population remains unexplored. In this paper, we argue that standard (...) applications of surrogate decision making principles in health care are not well suited to many unrepresented patients with long-term mental health diagnosis. We argue that when applied to this population, the substituted judgment standard, designed to preserve patient preferences and values, may lead to the exclusion of their preferences. We argue further that the application of the best interest standard runs the risk of leading to harmful cases of overtreatment or undertreatment. We offer an alternative interpretation of the best interest principle that is better able to promote the well-being of unrepresented patients, especially for those who lack capacity because of mental disorders. This alternative is based on the practices and principles of harm reduction and includes three components: emphasis on considering the expressed preferences of unrepresented patients, a focus on reducing harm as well as the delivery of clinical benefits, and a recognition of the importance of promoting trust. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mental Disorder and Moral Responsibility:Disorders of Personhood as Harmful Dysfunctions, With Special Reference to AlcoholismJerome C. Wakefield (bio)Keywordsalcohol dependence, philosophy of psychiatry, mental disorder, harmful dysfunction, psychiatric diagnosis, person, moral responsibilityIn his paper, Ethical Decisions in the Classification of Mental Conditions as Mental Illness, Craig Edwards grapples with a profound problem: why is it that when we classify a mental condition as a mental disorder, that tends to take (...) the condition out of the sphere of moral responsibility or virtuousness of character? For example, it is not uncommon when someone commits suicide and the question is raised as to why he or she did it, that instead of a reason or character trait that would place the act within a moral calculus, one is offered the explanation "she was clinically depressed" or "he was bipolar," and this tends to terminate discussion and make reasons and moral evaluation superfluous. Why does such a comment have that effect?As Edwards notes, this can get complicated as the moral and the disordered interact. Certainly people are sometimes morally responsible for acting on their disordered impulses (as in pedophilia), and they are responsible for putting themselves in the way of disorder, as when someone imbibes in a way likely to lead to alcoholism. But at the normal/disorder divide, there seems to be a consistent lifting of some responsibility, reflecting the application of the sick role. For example, the rough equivalent of our current category of post-traumatic stress disorder (PTSD) was recognized as a disorder in earlier wars ("shell shock," "war neurosis"), but often considered an expression of cowardice; the cowardice was morally evaluable as a failure of virtue (even if, like many personality traits, being a coward is not within the person's direct voluntary control) and led to contempt for those with PTSD, but nonetheless—except in cases thought to be malingering—the PTSD that resulted constituted a disorder for which the individual was [End Page 91] not in the same direct sense blameworthy. This moral shift requires explanation.This topic also has important social ramifications. Relief from responsibility may sound like a good thing, and it is trumpeted by mental health advocates as a reason for supporting the classification of many conditions as disorders. But as Edwards is aware, it is a two-edged sword. Disordered status may allow escape from censure and offer the protections of the sick role, but it also changes the relationship of the agent to his or her own actions and imposes the responsibility of the sick role on the individual to attempt to change ("get better"). The sick role allows for no defense of an idiosyncrasy based on normal variation ("It takes all kinds…") or the individual's eccentric vision or steadfast integrity, for that vision or sense of integrity are now seen as pathological and not morally legitimate. The individual is subjected to endless entreaties to seek help and it is implied that not to do so is irresponsible, so that a decision to embrace one's nature and remain as one is becomes illegitimate. Moreover, the sick role allows for no explanation in terms of the individual's normal defensive response to unjust, deprived, or challenging social or environmental circumstances, thus weakening the motives for social change rather than individual intervention.In sum, there is an inevitable sense in which being placed in the sick role inherently stigmatizes the "sick" condition in virtue of the special moral attitudes extended to the disordered. Cultures can thus easily exploit the sick role and its much-touted relief from responsibility to extend the reach of social control processes. This is one reason why the distinction between disorder and non-disorder is so important, and why it is crucial to identify when non-disordered conditions are mislabeled as disorders—as when, for example, psychiatry gets it wrong about the distinction between normal and disordered sadness (Horwitz and Wakefield, 2007). Such overpathologization can redefine the boundaries of our moral universe on mistaken grounds.Edwards offers two provocative answers—not entirely at ease with each other—to the question of why mental disorders relieve the patient from moral responsibility: (1) mental disorders are... (shrink)

This paper investigates the moral emotion of being socially, but non-agentially connected to a harm. I propose understanding the emotion of an affiliated onlooker as a species of regret called ‘social-regret’. Breaking from existing guilt- and shame-based accounts, I argue that social-regret can be a fitting, expressive, and revelatory reactive attitude that opens the way for deliberation over accountability for others’ harms. When we feel social-regret, our attention is directed towards the moral salience of our social relations and (...) the expectations that undergird them, as well as possibilities for ameliorative action. I consider several existing accounts of affiliated onlookers’ emotions (including embarrassment, guilt, and shame), and I highlight the advantages of supplementing these with a regret-based account. Social-regret provides a novel way to understand negative, self-directed emotions in response to others’ harms as rational, expressive, and potentially reason-giving experiences. (shrink)