Science's priority rule rewards those who are first to make a discovery, at the expense of all other scientists working towards the same goal, no matter how close they may be to making the same discovery. I propose an explanation of the priority rule that, better than previous explanations, accounts for the distinctive features of the rule. My explanation treats the priority system, and more generally, any scheme of rewards for scientific endeavor, as a (...) device for achieving an allocation of resources among different research programs that provides as much benefit as possible to society. I show that the priority system is especially well suited to finding an efficient allocation of resources in those situations, characteristic of scientific inquiry, in which any success in an endeavor subsequent to the first success brings little additional benefit to society. (shrink)

Recent health legislation in Norway significantly increases access to specialist care within a legally binding time frame. The paper describes the contents of the new legislation and introduces some of the challenges with proliferations of rights to health care. The paper describes some of the challenges associated with the proliferation of legal rights to health care. It explains the benefits of assessing the new law in the light of a rights framework. It then analyses the problematic aspects of establishing additional (...) priority rules as solutions to rights conflicts. It then defends adequacy criteria for acceptable priority rules when such rules are unavoidable. It finally defends our proposed method and explores concrete applications. (shrink)

Adapting a terminology introduced by Brian Barry, I make a distinction between want-regarding and ideal-regarding principles and apply it to the norms and criteria put forward in environmental ethics. I argue that priority should be given to want-regarding principles over ideal-regarding ones because the former are universalizable while the latter are not, universalizable being understood in the sense ofappealing to value premises for which universal assent can be secured. This sense is different both from R. M. Hare's metaethical concept (...) of universalizability and J. L. Mackie’s “three stages of universalisation.”. (shrink)

Adapting a terminology introduced by Brian Barry, I make a distinction between want-regarding and ideal-regarding principles and apply it to the norms and criteria put forward in environmental ethics. I argue that priority should be given to want-regarding principles over ideal-regarding ones because the former are universalizable while the latter are not, universalizable being understood in the sense of appealing to value premises for which universal assent can be secured. This sense is different both from R. M. Hare’s metaethical (...) concept of universalizability and J. L. Mackie’s “three stages of universalisation.”. (shrink)

Should priority in the allocation of organs be given to those who have previously donated or declared their willingness to do so? This article examines the Israeli priority rule in light of two prominent critiques of priority rules, pertaining to failure to reciprocate and unfairness. The scope and content of these critiques are interpreted from the perspective of equality of opportunity. Because the Israeli priority rule may be reasonably criticized for unfairness and failing to (...) reward certain behaviors, the article develops an adjusted priority rule, which removes and adjust the elements in the Israeli priority rule deemed problematic. However, such a priority rule is complex to the extent that it may fail to increase donation rates and furthermore introduce new concerns of fairness, as the better off may be better able to navigate the complex adjusted priority rule. (shrink)

In the effort to address the persistent organ shortage it is sometimes suggested that we should incentivize people to sign up as organ donors. One way of doing so is to give priority in the allocation of organs to those who are themselves registered as donors. Israel introduced such a scheme recently and the preliminary reports indicate increased donation rates. How should we evaluate such initiatives from an ethical perspective? Luck egalitarianism, a responsibility-sensitive approach to distributive justice, provides one (...) possible justification: Those who decide against being organ donors limit the health care resources available to others. As such, a priority rule can be justified by a luck egalitarian approach to distributive justice. Furthermore, a priority rule inspired by luck egalitarianism is well equipped to avoid prominent criticisms of such a procurement system. Luck egalitarianism provides us with reaons to exempt people who are not responsible for their inability to donate from receiving lower priority, provide sufficient information about donation, and mitigate social and natural circumstances affecting people’s choice to donate. (shrink)

ABSTRACT:While tone at the top is widely regarded as an important predictor of ethical behavior in organizations, we argue that recent research overlooks the various conflicting ethical tones present in many multi-organizational work settings. Further, we propose that the resolution processes promulgated in many firms and professional associations to reconcile this conflict reinforce the tone at the bottom or a tone at the top of the employee’s organization, and that both of these approaches can conflict with the tone at the (...) top of other important organizations such as professional and regulatory organizations. Here we adapt Integrative Social Contract Theory’s priority rules to propose a multi-tone reconciliation process which prioritizes conflicting ethical tones based upon features of the organization and the effects on society. Using three contextualizations, we demonstrate the effectiveness of the multi-tone reconciliation process over current processes. We conclude with recommendations for future research and implications for practice. (shrink)

The priority rule in science has been interpreted as a behavior regulator for the scientific community, which benefits society by adequately structuring the distribution of intellectual labor across pre-existing research programs. Further, it has been lauded as part of society's "grand reward scheme" because it fairly rewards people for the benefits they produce. But considerations about how news of scientific developments spreads throughout a scientific community at large suggest that the priority rule is something else entirely, (...) which can disadvantage historically underrepresented or otherwise marginalized social groups. (shrink)

American adults currently enjoy a widely accepted and legally well-settled right to refuse health care, including life sustaining treatment. Joel Feinberg provides a moral foundation for this right in liberal political theory. Feinberg's theory grounds the right to refuse in a broad right to self-determination, and it implements the right through a variable conception of voluntariness. This theory provides a plausible account that comports with the widely accepted right to refuse, commonsense, and ordinary practice. -/- Allen Buchanan and Dan Brock (...) contend, however, that Feinberg's priority for the right to self-determination is inconsistent with his variable scale of voluntariness. Although Feinberg presents his theory as one that grants categorical priority to self-determination over individual well-being, Buchanan and Brock argue that Feinberg's variable scale of voluntariness involves a balancing of self-determination and well-being. This balancing approach, which Buchanan and Brock endorse, seems to undermine the competent patient's right to refuse care because it allows concern for the patient's well-being to override that person's right to self-determination in some circumstances. Taken together, these arguments seem to suggest that we must give up either the competent patient's right to refuse treatment or the intuitively sensible variable scale. -/- In this paper, I argue that one can reconcile a categorical priority for self-determination with legal rules that incorporate a variable scale of competence. This integration requires careful examination of the practical and expressive functions of legal rules as well as of the manner in which these rules embody moral priorities. This analysis pursues specific and general projects. Specifically, it addresses the moral foundations of the legal right to refuse treatment, identifying a substantive difference between the balancing approach and the priority for self-determination that characterizes Feinberg's liberalism. Generally, it examines the types of priorities embodied by legal rules as practical decision guides and as expressions of the conventional morality represented by the law. This general project extends beyond the right to refuse treatment to the analysis of the manner in which legal rules express and apply moral priorities. (shrink)

Germany has just started a public debate on priority-setting, rationing and cost-effectiveness due to the cost explosion within the German health care system. To date, the costs for German health care run at 11,6 % of its Gross Domestic Product (GDP, 278,3 billion €) that represents a significant increase from the 5,9 % levels present in 1970. In response, the German Parliament has enacted several major and minor legal reforms over the last three decades for the sake of cost (...) containment and maintaining stability of the health care system. The Statutory Health Insurance—SHI (Gesetzliche Krankenversicherung—GKV) is based on the fundamental principle of solidarity and provides an ethical and legal framework for implementing equity, comprehensiveness and setting the principles and rules for financing and providing health care services and benefits. Within the SHI system, several major actors can be identified: the Federal Ministry of Health, the 16 state ministries of health, the Federal Joint Committee (G-BA), the physicians (with their associations) and the hospitals (with their organizations) on the provider side, and the sickness funds with their associations on the purchasers’ side. This article reviews the structure and complexities of the German health care system with its major players and participants. The focus will be put on relevant ethical, legal and economic aspects for prioritization, rationalization, rationing and cost-effectiveness of medical benefits and services. In conclusion, this article pleads for open discussion on the challenging subject of priority-setting instead of accepting the implicit and non-transparent rationing of medical services that currently occurs at many different levels within the health care system, as it stands today. (shrink)

The lexical priority of fair equality of opportunity in John Rawls’s justice as fairness, which has been sharply criticized by Larry Alexander and Richard Arneson among others, is left almost entirely undefended in Rawls’s works. I argue here that this priority rule can be successfully defended against its critics despite Rawls’s own doubts about it. Using the few textual clues he provides, I speculatively reconstruct his defense of this rule, showing that it can be grounded on (...) our interest in self-realization through work. This reconstructed defense makes liberal use of concepts already present in A Theory of Justice , including the Aristotelian Principle (which motivates the achievement of increasing virtuosity) and the Humboldtian concept of social union (which provides the context for the development of such virtuosity). I also show that this commitment to self-realization, far from violating the priority of right in Rawls’s theory, stems directly from his underlying commitment to autonomy, which is the very foundation of the moral law in his doctrine of right. The reconstituted defense of this priority rule not only strengthens the case for justice as fairness but also has important and controversial implications for public policy. (shrink)

Recently theorists have demonstrated a growing interest in the ethical aspects of resource allocation in international non-governmental humanitarian, development and human rights organizations (INGOs). This article provides an analysis of Thomas Pogge's proposal for how international human rights organizations ought to choose which projects to fund. Pogge's allocation principle states that an INGO should govern its decision making about candidate projects by such rules and procedures as are expected to maximize its long-run cost-effectiveness, defined as the expected aggregate moral value (...) of the projects it undertakes divided by the expected aggregate cost of these projects? I critique Pogge's argument on two fronts: (1) I demonstrate that his view is problematic on his own terms, even if we accept the cost-effectiveness framework he employs. (2) I take issue with his overall approach because it generates results which can undermine the integrity of INGOs. Further, his approach mis-characterizes the nature of INGOs, and this mistake is at the root of his problematic view of INGO priority-setting. Ultimately, I argue for a conception of INGOs in which they are understood as ?organizations of principle?, in the sense that they are independent moral agents and so should be permitted a fairly wide sphere of autonomy within reasonable moral constraints. (shrink)

Thomas Pogge argues that John Rawls’s priority of liberty rule is not constraining enough: it permits morally unacceptable restrictions of basic liberties. Because of this, Pogge claims that Rawls fails in his two central ambitions: to construct a moral conception that (1) opposes utilitarianism and (2) matches his judgments in reflective equilibrium. Pogge attributes this error to Rawls’s “purely recipient-oriented theorizing”—assessing a society’s basic structure based on how its citizens fare. I argue that Rawls’s theory does not allow (...) restrictions of liberty that are offensive to moral considerations. I then explain how my arguments against Pogge show that Rawls’s idea of reflective equilibrium is crucial for assessing a society’s basic structure and how it follows from this that Rawls’s theorizing is not purely recipient-oriented. (shrink)

The lifetime equality view has recently been met with the objection that it does not rule out simultaneous inequality: two persons may lead equally good lives on the whole and yet there may at any time be great differences in their level of well-being. And simultaneous inequality, it is held, ought to be a concern of egalitarians. The paper discusses this and related objections to the lifetime equality view. It is argued that rather than leading to a revision of (...) the lifetime equality view, these objections, if taken seriously, should make us account for our egalitarian concerns in terms of the priority view rather than the equality view. The priority view claims that there is a greater moral value to benefiting the worse off. Several versions of the priority view are also distinguished. (shrink)

Libertarian views on rights tend to rule out coercive redistribution for purposes of public health care guarantees, whereas liberal conceptions support coercive funding of potentially unlimited access to medical services in the name of medical needs. Taking the “priority of liberty” seriously as supreme political value, a plausible prudential argument can avoid these extremes by providing systematic reasons for both delivering and limiting publicly financed guarantees. Given impending demographic change and rapid technical progress in medicine, only a two-tier (...) system with explicitly limited public guarantees and optional privately financed health services seems acceptable. (shrink)

There are more refugees than many states have a duty to accept. As a result, many states are permitted to accept only some refugees and not others. This raises the question of how states should select these refugees. I defend the claim that states should resettle the worst‐off refugees, and maximize the number of refugees gaining a sufficiently decent life. When resettling the worst off conflicts with maximising the number gaining a sufficiently decent life, states should select refugees to maximise (...) aggregate benefits, with benefits holding greater weight the further refugees are from a sufficiency threshold. The only exception to this rule is when it entails wrongful discrimination, in which case states should only follow this rule if victims of discrimination benefit and consent to its implementation. (shrink)

In a number of works, I have argued that social morality—a system of internalized “social-moral rules”—is fundamental to human social cooperation. Russell Hardin disputed this, arguing instead for the primacy of conventions, based largely on self-interest, in developing cooperative social order. This chapter considers three challenges for my view raised by Hardin. The chapter commences by considering small-scale cooperation; I believe that the evidence indicates that even in very small groups of face-to-face cooperators, the internalization of moral rules is fundamental (...) to their cooperation and cheater suppression. I then consider Hardin’s charge that accounts of social cooperation based on moral rules, in which individuals act on the rules despite their interests, are stuck with invoking a variety of somewhat dubious and weak “claims of moral commitment or shared values through [to] Rawls’s magical ‘addition of the sense of justice and moral sentiment’ to make justice work at a large scale.” I argue that the evidence in support of internalized rule compliance, even in the face of high costs to personal interests, is impressive, and the underlying mechanisms are not mysterious. Lastly, I briefly turn to the fundamental issue of how social morality functions in large-scale settings and, importantly, whether it is largely displaced by formal legal and political institutions. (shrink)

This paper summarizes a theory of cognitive development and elaborates on its educational implications. The theory postulates that development occurs in cycles along multiple fronts. Cognitive competence in each cycle comprises a different profile of executive, inferential, and awareness processes, reflecting changes in developmental priorities in each cycle. Changes reflect varying needs in representing, understanding, and interacting with the world. Interaction control dominates episodic representation in infancy; attention control and perceptual awareness dominate in realistic representations in preschool; inferential control and (...) awareness dominate rule-based representation in primary school; truth and validity control and precise self-evaluation dominate in principle-based thought in adolescence. We demonstrate that the best predictors of school learning in each cycle are the cycle’s cognitive priorities. Also learning in different domains, e.g., language and mathematics, depends on an interaction between the general cognitive processes dominating in each cycle and the state of the representational systems associated with each domain. When a representational system is deficient, specific learning difficulties may emerge, e.g., dyslexia and dyscalculia. We also discuss the educational implications for evaluation and learning at school. (shrink)

In this dissertation, I discuss two distributive principles in moral philosophy: Derek Parfit's Prioritarianism and Egalitarianism. I attempt to defend a version of Egalitarianism, which I call Weighted Egalitarianism. Although Parfit claims that Egalitarianism is subject to what he calls the Levelling Down Objection, I show that my proposed Weighted Egalitarianism is not subject to the Objection, and that it gives priority to the worse off people. The real difference between the two principles lies in how the weight of (...) each person's well-being is determined. Prioritarianism assumes that there is a moral scale of the goodness of well-being, independently of distributions of people's well-being. I raise two objections to this claim: firstly, it is hard to believe that the choice of the level of well-being affects our distributive judgement; secondly, it is hard to believe that there is such a moral scale independently of distributions of people's well-being. On the other hand, Weighted Egalitarianism claims that the weight is given by the rank order position of the person in the ranking by well-being level. This means that, in Weighted Egalitarianism, the goodness of a distribution is an increasing, linear function of people's well-being. Weighted Egalitarianism is not affected by the choice of the level of people's well-being. Nor does it require require the moral scale of the goodness of well-being independently of distributions of people's well-being. Leximin, which might be a version of Prioritarianism, avoids my objections. But it is hard to support Leximin, because it rules out the trade off between the better off and the worse off. I conclude that Weighted Egalitarianism is more acceptable than Prioritarianism. (shrink)

In this article, I defend the veil of ignorance against the objection that the device is inadequate for deriving demands of justice, because the veil of ignorance purportedly enforces a stronger form of impartiality than Kant’s categorical imperative and, primarily as a consequence, it generally leads to non-prioritarian conclusions. I show that the moral ideal of impartiality that is expressed by the veil of ignorance is not essentially different from Kant’s notion of impartiality and that it does not generally lead (...) to non-prioritarian conclusions. Although the moral ideal of impartiality that is modeled by the veil of ignorance demands solid justification for favoring particular positions of society, it generally does not rule out prioritarianism. Rather, the non-prioritarian conclusions reached by many theories of justice that rely on veil of ignorance reasoning are a result of the complex structures of these theories and the way that they combine and weigh different moral ideals, as well as their informational bases. (shrink)

Politics I has been the subject of a number of textual questions about the relation of the Ethics to the Politics. These textual questions involve us in theoretical questions about the differences between contemporary and ancient conceptions of political rule. Resolving the exegetical challenges can help us clarify the theoretical differences. A fresh approach to the textual challenges reveals that Politics I has a contrapuntal character with two reinforcing movements. One explores why and how despotic conceptions of politics fail (...) using case studies of despotic power: slavery and money-making. Aristotle shows dialectically how this despotic approach to rule undermines the requirements for political life. The other movement explores the character of natural human associations, culminating in the polis. The two movements converge in Aristotle’s claim about the centrality of the human good for political rule. This claim challenges modern social contract theory’s understanding of the differences between despotic and political rule. (shrink)

Intensive care units are not always able to admit all patients who would benefit from intensive care. Pressure on ICU beds is likely to be particularly high during times of epidemics such as might arise in the case of swine influenza. In making choices as to which patients to admit, the key US guidelines state that significant priority should be given to the interests of patients who are already in the ICU over the interests of patients who would benefit (...) from intensive care but who have not been admitted. We examine four reasons that in principle might justify such a prioritization rule and conclude that none is convincing. We argue that the current location of patients should not, in principle, affect their priority for intensive care. We show, however, that under some but not all circumstances, maximizing lives saved by intensive care might require continuing to treat in the ICU a patient already admitted rather than transferring that patient out of the unit in order to admit a sicker patient who would also benefit more from intensive care. We conclude that further modelling is required in order to clarify what practical policies would maximize lives saved by intensive care. (shrink)

The ArgumentConflicts between scientists over credit for their discoveries are conflicts, not merely in, but of science because discovery is not a historical event, but a retrospective social judgment. There is no objective moment of discovery; rather, discovery is established by means of a hermeneutics, a way of reading scientific articles. The priority conflict between Roger Guillemin and Andrew Schally over the discovery of the brain hormone, TRF, serves as an example. The work of Robert Merton, Thomas Kuhn, Augustine (...) Brannigan, and Grygory Markus shows that scientists read scientific articles by means of the application of a set of pragmatic rules that subtend the normative requirements of what counts as a scientific discovery. In other words, there is a hermeneutics of science, but it is internal to that form of life. Recategorization of priority conflicts has an impact on our view of scientific controversy generally. The impact is the revision of the boundary lines of scientific controversy and the further specification of its fine-structure. (shrink)

The paper examines Amartya Sen’s seminal work Development and Freedom (1999) in relation to his underlying conception of justice and particularly in relation to the tension that arises in the correlation between basic freedom and basic goods. The idea is to address the question as to which of the two elements (basic goods or basic freedoms) takes precedence to the enactment of global justice. The paper advances a particular distinction between a foundational approach and a functional approach when addressing the (...) question of the priority and primacy of any of the two elements and sheds light on a contentious answer, namely, that basic goods are foundationally primary in relation to basic freedoms and that such a primacy does not rule out the functional priority of basic freedoms. (shrink)

Genuine rules cannot capture our intuitive moral judgments because, if usable, they mention only a limited number of factors as relevant to decisions. But morally relevant factors are both numerous and unpredictable in the ways they interact to change priorities among them. Particularists have pointed this out, but their account of moral judgment is also inadequate, leaving no room for genuine reasoning or argument. Reasons must be general even if not universal. Particularists can insist that our judgments be reflective, unbiased, (...) informed, and sensitive, requiring a background of experiences that expand sympathy and empathy for others. But beyond this, our judgments must be coherent. This requirement provides a way to reason to the correct answer to a controversial issue—the answer most coherent with or body of settled judgments. Rawls' account of coherence in terms of reflective equilibrium, where we adjust particular judgments to match rules and adjust rules to match judgments, is rejected since rules have no independent force. Instead, the central requirement is that we not judge cases differently without being able to cite a morally relevant difference between them. Such differences must make a difference else-where as well, although they need not do so universally. Factors cannot be relevant in only one context because they reflect values that must recur to be maintained. The method of moral reasoning based on this requirement is specified as follows: first, the specification of competing values or interests in the problematic case; second, the location of paradigm cases in which these competing values are prioritized, making sure that these settled judgments are reflective, informed, and sensitive; third, the search for relevant differences between the settled and problematic cases or the location of alternative, more closely analogous paradigms. The paper ends with an illustration of the method applied to the issue of doctor assisted suicide. (shrink)

Moral particularism denies that moral reasons present in particular cases depend on any suitable provision of moral principles. If they did, there should be invariable reasons. But reasons are holistic: whether a consideration is a reason may vary with the context. This work responds to particularism with a moderate form of generalism, according to which it is compatible with reasons holism that moral reasons are fundamentally determined by moral principles. The holism of reasons is explained by construing moral principles as (...) hedged: they determine reasons that are invariable, but only given the presence of certain suitable conditions. Both what may function as a reason and what may function as a suitable condition is determined by the given principle's normative basis---the basis on which we attribute to reasons normative force capable of justifying action. Such determinations don't happen fundamentally on a case-by-case basis, but instead set on the holism of reasons the sorts of antecedent constraints that particularism cannot accept. So, although the view rules out standard forms of generalism, it doesn't collapse into particularism. The moderate generalist view of moral metaphysics is argued also to ground better explanations of the relevant sorts of moral facts than its particularist rivals. It is also argued that generalism can regard moral principles as necessary for good moral deliberation without requiring that the deliberator represent them to herself in explicit propositional form. Psychologically, the grasp of moral principles that is required for proper responsiveness to reasons determined by principles may simply structure one's capacity to be responsive to reasons. Finally, on moderate generalism, overall moral verdicts about particular cases are a function of the relative strengths of the reasons present in them. It is argued, from the structure of value and evaluative comparisons, that the relative strengths of reasons are determined not by priority principles that order competing principles but by evaluative comparisons of the alternatives for which the competing principles specify reasons. A plausible moral epistemology is sketched on which the context-sensitivity of such comparisons doesn't make them too weak to justify moral verdicts. (shrink)

In this paper, I offer a critical reconstruction of John Searle's argument for what he calls `External Realism.' I argue that Searle's thesis is in fact ambiguous, and hence that it cannot establish the existence of brute entities . I further argue that, once properly understood, constitutive rules can be shown to be prior to, rather than dependent on, what Searle calls `brute facts' -- and hence that Searle's analysis reverses the order of priority between rules and brute facts.

In this paper Section 1 distinguishes between two modes of interpreting legal rules: rehearsal and discourse, arguing that the former takes priority over the latter in law, as in many other contexts. Section 2 offers two arguments that following a legal rule in the rehearsing mode presents a riddle. The first argument develops from law, and submits that legal rules do not tell us anything, because they are tautological. The second one develops from philosophy (Wittgenstein's later works), confronting (...) us with the paradox that incompatible courses of action may be derived from any rule. My solution presents a theory of rules as icons (Section 3). I use “icon” rather than “picture,” partly to avoid confusion with what is known among philosophers as “the picture theory of meaning.” Interpretation in the rehearsing mode hinges on imagination: imagining oneself in the space of reasons for action rather than reasoning oneself. In this act of imagination, we project ourselves into the rule in ways that are similar to the way we grasp the sense of paintings, music, stories, or poems. Finally (Section 4) I will defend the position that my view solves the puzzles in the second section, by arguing (a) that it is a better account of what Wittgenstein wrote than two competing theories (intuitionism and conventionalism), and (b) that it provides a more satisfactory account of how lawyers deal with legal rules in actual practice. (shrink)

The National Institute for Health and Care Excellence, the UK’s main healthcare priority-setting body, recently reaffirmed a longstanding claim that in recommending technologies to the National Health Service it cannot apply the ‘rule of rescue’. This paper explores this claim by identifying key characteristics of the rule and establishing to what extent these are also features of NICE’s approach to evaluating ultra-orphan drugs through its highly specialised technologies programme. It argues that although NICE in all likelihood does (...) not act because of the rule in prioritising these drugs, its actions in relation to HSTs are nevertheless in accordance with the rule and are not explained by the full articulation of any alternative set of rationales. That is, though NICE implies that its approach to HSTs is not motivated by the rule of rescue, it is not explicit about what else might justify this approach given NICE’s general concern with overall population need and value for money. As such, given NICE’s reliance on notions of procedural justice and its commitment to making the reasons for its priority-setting decisions public, the paper concludes that NICE’s claim to reject the rule is unhelpful and that NICE does not currently meet its own definition of a fair and transparent decision-maker. (shrink)

From an observation by the poet Paul Valéry, I argue that rhyme schemes, while constraining, also enable the poet to achieve autonomy from various surrounding influences, such as the domestic and the political. The demand to keep to the rhyme scheme takes priority, reducing the likelihood of these dominating.

The ‘Wrong Kind of Reason’ problem for buck-passing theories (theories which hold that the normative is explanatorily or conceptually prior to the evaluative) is to explain why the existence of pragmatic or strategic reasons for some response to an object does not suffice to ground evaluative claims about that object. The only workable reply seems to be to deny that there are reasons of the ‘wrong kind’ for responses, and to argue that these are really reasons for wanting, trying, or (...) intending to have that response. In support of this, it is pointed out that awareness of pragmatic or strategic considerations, unlike awareness of reasons of the ‘right kind’, are never sufficient by themselves to produce the responses for which they are reasons. I argue that this phenomenon cannot be used as a criterion for distinguishing reasons-for-a-response from reasons-for-wanting-to-have-a-response. I subsequently investigate the possibility of basing this distinction on a claim that the responses in question (e.g. admiration or desire) are themselves inherently normative; I conclude that this approach is also unsuccessful. Hence, the ‘direct response’ phenomenon cannot be used to rule out the possibility of pragmatic or strategic reasons for responses; and the rejection of such reasons therefore cannot be used to circumvent the Wrong Kind of Reason Problem. (shrink)

ABSTRACT Inspired by legal reasoning, this paper presents a semantics and proof theory of a system for defeasible argumentation. Arguments are expressed in a logic-programming language with both weak and strong negation, conflicts between arguments are decided with the help of priorities on the rules. An important feature of the system is that these priorities are not fixed, but are themselves defeasibly derived as conclusions within the system. Thus debates on the choice between conflicting arguments can also be modelled. The (...) semantics of the system is given with a fixpoint definition, while its proof theory is stated in dialectical style, where a proof takes the form of a dialogue between a proponent and an opponent of an argument: an argument is shown to be justified if the proponent can make the opponent run out of moves in whatever way the opponent attacks. (shrink)

Thirty years of debate have passed since the term “Rule of Rescue” has been introduced into medical ethics. Its main focus was on whether or why medical treatment for acute conditions should have priority over preventive measures irrespective of opportunity costs. Recent contributions, taking account of the widespread reluctance to accept purely efficiency-oriented prioritization approaches, advance another objection: Prioritizing treatment, they hold, discriminates against statistical lives. The reference to opportunity costs has also been renewed in a distinctly ethical (...) fashion: It has been stipulated that favoring help for identifiable lives amounts to a lack of benevolence for one’s fellow creatures. The present article argues against both objections. It suggests that the debate’s focus on consequences should be reoriented by asking which aspects of such states of affairs are actually attributable to a decision maker who judges within a specific situation of choice. (shrink)

I consider various principles which might explain our intuitive obligation to rescue people from imminent death at great cost, even when the same resources could produce more benefit elsewhere. Our obligation to rescue is commonly explained in terms of the identifiability of the rescuee, but I reject this account. Instead, I offer two considerations which may come into play. Firstly, I explain the seeming importance of identifiability in terms of an intuitive obligation to prioritise life-extending interventions for people who face (...) a high risk of an early death, and I explain this in turn with a fair innings-style principle which prioritises life-extending interventions for people expected to die young. However, this account is incomplete. It does not explain why we would devote the same resources to rescuing miners stuck down a mine even if they are elderly. We are averse to letting people die suddenly, or separated from friends and family. And so, secondly, I give a new account that explains this in terms of narrative considerations. We value life stories that follow certain patterns, classic patterns which are reflected in many popular myths and stories. We are particularly averse to depriving people of the opportunity to follow some such pattern as they approach death. This means allowing them to sort out their affairs, say goodbyes to family and friends, review their life, or come to terms with death itself. Such activities carry a lot of meaning as ways of closing our life story in the right way. So, for someone who has not been given much notice of their death, an extra month is worth much more than for other patients. Finally, I review the UK National Health Service's end of life premium, which gives priority to patients with short life expectancy. I suggest it falls short in terms of such considerations. For example, the NHS defines its timings in terms of how long the patient can expect to live as at the time of the treatment decision, whereas the timings should be specified in terms of time from diagnosis. (shrink)

I summarize a conception of morality as containing a set of rules which hold ceteris paribus and which impose pro-tanto obligations. I explain two ways in which moral rules are ceteris-paribus, according to whether an exception is duty-voiding or duty-overriding. I defend the claim that moral rules are ceteris-paribus against two qualms suggested by Luke Robinson’s discussion of moral rules and against the worry that such rules are uninformative. I show that Robinson’s argument that moral rules cannot ground pro-tanto obligations (...) is unsound, because it confuses an absolute reason for an obligation with a reason for an absolute obligation, and because it overlooks the possibility that priority rules may be rules for ordering pro-tanto obligations rather than rules for eliminating contenders for the status of absolute obligation. (shrink)

The experience of Costa Rica highlights the potential for conflicts between the right to health and fair priority setting. For example, one study found that most favorable rulings by the Costa Rican constitutional court concerning claims for medications under the right to health were either for experimental treatments or for medicines that should have low priority based on health gain per unit of expenditure and severity of disease. In order to better align rulings with priority setting criteria, (...) in 2014, the court initiated a reform in its assessment of claims for medicine. This paper assesses this reform’s impact on the fairness of resource allocation. It finds three effects. First, a reduction in successful claims for experimental medication, which is beneficial. Second, an increase in the success rate of medication lawsuits, which is detrimental because most claims are for extremely cost-ineffective medications. Third, a decline in the number of claims for medicine, which is beneficial because it forestalls such low-priority spending. This paper estimates that, taking all three effects into account, the reform has had a modest net positive impact on overall resource allocation. However, it also argues that there is a need for further reforms to lower the number of claims to low-priority medicines that are granted. (shrink)

: In this brief commentary, we reflect on the recent study by Siminoff, Burant, and Youngner of public attitudes toward "brain death" and organ donation, focusing on the implications of their findings for the rules governing from whom organs can be obtained. Although the data suggest that many seem to view "brain death" as "as good as dead" rather than "dead" (calling the dead donor rule into question), we find that the study most clearly demonstrates that understanding an individual's (...) definition of death is neither a straightforward task nor a good predictor of views about donation. Reflecting on the implications for ongoing debates over the dead donor rule, we suggest that perhaps it is not a change in policy that is warranted, but rather a change in the priorities that have garnered such intense focus on this issue within the field of bioethics. (shrink)

Health care systems across the world are unable to afford the best treatment for all patients in all situations. Choices have to be made. One key ethical issue that arises for health authorities is whether the principle of the “rule of rescue” should be adopted or rejected. According to this principle more funding should be available in order to save lives of identifiable, compared with unidentifiable, individuals. Six reasons for giving such priority to identifiable individuals are considered. All (...) are rejected. It is concluded that the principle of the rule of rescue should not be used in determining the allocation of health resources. (shrink)

When decisionally incapable patients need a surrogate to make medical decisions for them, sometimes the patient has not appointed a healthcare agent and there is intractable disagreement among potential surrogates of equal priority, legal rank, or relation to the patient (e.g., child vs. child, sibling vs. sibling). There is no ethical, legal, or professional consensus about how to identify the appropriate surrogate in such circumstances. This article presents a case study involving an elderly female patient whose four children disagree (...) about whether to continue life-sustaining treatment for their mother, along with an ethical analysis of various strategies for selecting the appropriate surrogate in cases of conflicting equal-rank family members. It critically examines three different strategies—chance, majority rules, and quality of relationship with the patient—and defends the third approach. (shrink)

Over the past two decades, therule of law has emerged as a key priority within contemporary peacebuildingefforts. Drawing on examples from post-Dayton Bosnia, this article examines theimpact of rule of law reform efforts on broader patterns of power and politicalauthority in peacebuilding contexts. It suggests that in the case of Bosnia,the use of rule of law strategies to restructure political life has largelyfailed. Thus, despite some notable achievements on the rule of law front, thecore dynamics of (...) Bosnia’s political conflict remain intact, and country’s peaceprocess is as fragile as ever. The article concludes by noting that charting acourse between accepting the political status quo and fundamentallytransforming it requires more nuanced approaches that advance the rule of laweven while accepting its limits as an instrument of deep politicaltransformation. (shrink)

One prominent feature of contemporary virtue ethics is its insistence on the normative priority of the virtuous person. Another is its scepticism about the place of rules or principles in moral decision-making. But the Stoics seem paradoxical on this score. On the one hand, they are great proponents of the authority and privileged position of the sage; on the other, they see moral life as structured by an elaborate system of principles and rules. In this paper, I suggest a (...) resolution to this apparent paradox through an examination of Seneca's discussion of the place of rules in moral life. I also explain how this Stoic position avoids some of the problems normally attributed to virtue ethics because of its insistence on the normative priority of the virtuous person. (shrink)

Following the design of the author, reforms of the UN would consist of four rules. The first rule: Payments from the global community should correspond with the services provided by the UN. - For this purpose it is necessary to develop a system of compensation in which payment would be made only for the completion of a concrete service. Such a system would in effect serve as a continuous audit and guarantor of quality service at all times visible to (...) the entire public. The second rule: Servantura not dictatorship - The author has created a word "servantura" and has given it the following meaning: the performance of administrative service, guided by (1) ethical conduct, (2) democratic norms, (3) the newest scientific knowledge, (5) safe technology, (6) justice, (7) equality of people and (8) the priority of human life. On an idea of the author, servantura is a global managerial philosophy with a system of global service in which each decision should be in accordance with the wishes and the will of the entire global community, not of a separate group of nations, or a single nation, or person. The third rule: Noncommercial services. Commercialization of the UN should be considered a crime. Further commercial use of the UN should be stopped, as it will lead to aglobal catastrophe. The fourth rule: Without enemies or competitors, Full transparency and a strict prohibition of secrecy and privacy in the UN must be established. i.e. openness, publicity and a strict international prohibition on any secret structures or secret activities within the UN. (shrink)

Mūllā Sadrā sees knowledge as a real relational attribute and, based on the principle of congruity, by recognizing the meaning of human knowledge and purifying it from its shortcomings, he ascribes the very meaning of human knowledge to God. It means that Divine Knowledge as well as human one is a relational attribute and thus, it calls for an object of knowledge; but the difference is that Divine knowledge rejects any kind of imperfection. Given this assertion and a couple of (...) rules such as "the simple in nature is all things", and “The union between the intellect and the intelligible”, he presented his view on divine knowledge by the theory of “concise knowledge along with detailed discovery”. This theory has encountered many drawbacks, including: relationality of the knowledge; lack of explanation for Divine knowledge of non-beings and impossible states of affairs and His Knowledge of details before creating creatures in detailed fashion; acceptance of the union of the knower and the known based on the presential knowledge; believing God to being all things; division of God’s essence into two stages of brief and detailed. In contrast, in “Islamic Hadiths”, the theory of “knowledge without object of knowing” has been proposed. The priority of this theory pertains to rejecting the idea that knowledge is always relational. An important consequence of this view is that knowledge will not necessarily have an object of knowing. This idea could have a vast influence on the debate on Divine knowledge. (shrink)

In this article, the Golden Rule, a central ethical value to both Judaism and Confucianism, is evaluated in its prescriptive and proscriptive sentential formulations. Contrary to the positively worded, prescriptive formulation – “Love others as oneself” – the prohibitive formulation, which forms the injunction, “Do not harm others, as one would not harm oneself,” is shown to be the more prevalent Judaic and Confucian presentation of the Golden Rule. After establishing this point, the remainder of the article is (...) dedicated to an inquiry into why this preference between the two Golden-Rule-formulations occurs. In doing so, this article discovers four main benefits to the proscriptive formulations: I) harm-doing, as opposed to generalizable moral goodness, is easier for individuals to subjectively comprehend II) the prevention of harm-doing is the most fundamental ethical priority III) the proscriptive formulation preserves self-directed discovery of what is good, thus preserving moral autonomy IV) individuals are psychologically pre-disposed toward responding to prohibitions rather than counsels of goodness. (shrink)

With respect to inductive reasoning, there are at least two broad projects that have been of interest to philosophers. The first project is that of accurately describing paradigmatic instances of inductive reasoning in the sciences and in everyday life. Thus, we might ask, of some particular historical episode, how exactly Newton, or Darwin, or Einstein arrived at some conclusion on the basis of the evidence that was before him. The second project is one of justification. The task here is that (...) of showing why paradigmatic inductive reasoning is good reasoning, or why skeptical challenges which purport to undermine the legitimacy of such reasoning fail to do so. As I understand it, this second, justificatory project prominently includes, but is not limited to, the task of either solving or dissolving Hume’s skeptical critique of induction.[1] Neither of these projects is trivial. Indeed, many think that we are currently far from successfully completing either one. But in any case, it would seem that the descriptive project has a certain priority to the justification project. After all, how could one justify our inductive practices, or defend them against skeptical challenge, in the absence of some reasonably detailed and accurate description of those practices? Given this apparent priority, it is a striking fact that the justification project has often been pursued in the absence of any significant attention to the project of accurate description. In particular, a great deal of the traditional discussion of Hume’s problem of induction has proceeded against the background of hopelessly crude models of our actual inductive practice—a fact sometimes acknowledged by participants in such discussions themselves. Plausibly, the thought which underlies this procedure is the following: whatever force Hume’s critique ultimately possesses, that force is not tied to the specific content of the general rules or principles that we follow in reasoning inductively. Rather, the force of Hume’s critique depends on our following any general rules or principles at all.. (shrink)

Corruption in the construction industry is a serious problem in China. As such, fighting this corruption has become a priority target of the Chinese government, with the main effort being to discover and prosecute its perpetrators. This study profiles the demographic characteristics of major incidences of corruption in construction. It draws on the database of the 83 complete recorded cases of construction related corruption held by the Chinese National Bureau of Corruption Prevention. Categorical variables were drawn from the database, (...) and ‘association rule mining analysis’ was used to identify associations between variables as a means of profiling perpetrators. Such profiling may be used as predictors of future incidences of corruption, and consequently to inform policy makers in their fight against corruption. The results signal corruption within the Chinese construction industry to be correlated with age, with incidences rising as managers’ approach retirement age. Moreover, a majority of perpetrators operate within government agencies, are department deputies in direct contact with projects, and extort the greatest amounts per case from second tier cities. The relatively lengthy average 6.4-year period before cases come to public attention corroborates the view that current efforts at fighting corruption remain inadequate. (shrink)

The information explosion and digital modes of learning often combine to inform the quest for the best ways of transforming information in digital form for pedagogical purposes. This quest has become more urgent and pervasive with the ‘turn’ to online learning in the context of COVID-19. This can result in linear, asynchronous, transmission-based modes of teaching and learning which commodify, package and deliver knowledge for individual ‘customers’. The primary concerns in such models are often technical and economic – technology as (...) a cost-effective ‘solution’ to educational challenges. In this paper I argue for the importance of dialogic learning space in teaching and learning by means of Information and Communication Technologies, whether in the form of fully online learning, blended learning or face-to-face encounters using ICT affordances. Although the 20th Century theorists Mikhail Bakhtin (1895–1975) and Hans-Georg Gadamer (1900–2002) produced their seminal works before the advent of ICTs, they were both concerned with the quality and authenticity of human engagement with texts and with other persons and contexts. Besides a shared interest in dialogue as an ontological feature of human life and being, they both used spatiotemporal concepts for understanding and interpreting texts. The article draws on Gadamer’s notions of dialogue and horizon, and Bakhtin’s notions of dialogue and chronotope, to conceptualize dialogic possibilities for online education. Its purpose is to provide a framework, grounded in Bakhtin’s and Gadamer’s ideas, for a dialogic approach to online teaching and learning in higher education. (shrink)

'Practices without foundations' is, in genesis and in effect, a discussion of the following quotation , which serves therefore as an epigraph to it: ;Nelson Goodman's discussion of the 'new riddle of induction' ... deserves comparison with Wittgenstein's work. Indeed ... the basic strategy of Goodman's treatment of the 'new riddle' is strikingly close to Wittgenstein's sceptical arguments .... Although our paradigm of Wittgenstein's problem was formulated for a mathematical problem it ... is completely general and can be applied to (...) any rule or word. In particular, if it were formulated for the language of color impressions, as Wittgenstein himself suggests, Goodman's 'grue', or something similar, would play the role of 'quus'. But the problem would not be Goodman's about induction--"Why not predict that grass, which has been grue in the past will be grue in the future?"--but Wittgenstein's about meaning: "Who is to say that in the past I didn't mean grue by 'green', so that now I should call the sky, not the grass, 'green'?" vskip9pt ;This fascinating remark of Kripke's suggests a project, that of charting out both the interpretive and philosophic points of connection and disconnection between Wittgenstein, Goodman and Kripke. That project is this dissertation. ;My work severely tests Kripke's remark. For I argue that Kripke not only misreads Wittgenstein, but also mistakes the extremity of the 'scepticism' of his version of Wittgenstein for the priority of the philosophical puzzle that Goodman has bequeathed to us. ;To reach this conclusion, I show that Kripke's Wittgenstein's 'meaning-scepticism' is unanswerable if statable, but actually unstatable; and that, under certain interpretations, the same is true of putative scepticisms derivable from Goodman's text. The upshot is that the sceptical reading of most twentieth century philosophy must be displaced in favour of 'post-scepticism' and 'philosophical ethnography'. The latter concepts, sketched toward the end of the dissertation, are perhaps its telos. (shrink)