The allocation of scarce health care resources such as flu treatment or organs for transplant presents stark problems of distributive justice. Persad, Wertheimer, and Emanuel have recently proposed a novel system for such allocation. Their “complete lives system” incorporates several principles, including ones that prescribe saving the most lives, preserving the most life-years, and giving priority to persons between 15 and 40 years old. This paper argues that the system lacks adequate moral foundations. Persad and colleagues' defense of giving priority (...) to those between 15 and 40 leaves them open to the charge that they discriminate unfairly against children. Second, the paper contends that the complete lives system fails to provide meaningful practical guidance in central cases, since it contains no method for balancing its principles when they conflict. Finally, the paper proposes a new method for balancing principles of saving the most lives and maximizing life-years. (shrink)

The allocation of scarce health care resources such as flu treatment or organs for transplant presents stark problems of distributive justice. Persad, Wertheimer, and Emanuel have recently proposed a novel system for such allocation. Their “complete lives system” incorporates several principles, including ones that prescribe saving the most lives, preserving the most life-years, and giving priority to persons between 15 and 40 years old. This paper argues that the system lacks adequate moral foundations. Persad and colleagues' defense of giving priority (...) to those between 15 and 40 leaves them open to the charge that they discriminate unfairly against children. Second, the paper contends that the complete lives system fails to provide meaningful practical guidance in central cases, since it contains no method for balancing its principles when they conflict. Finally, the paper proposes a new method for balancing principles of saving the most lives and maximizing life-years. (shrink)

Samuel J. Kerstein develops a new, broadly Kantian account of the ethical issues that arise when a person treats another merely as a means. He explores how Kantian principles on the dignity of persons shed light on pressing issues in modern bioethics, including the distribution of scarce medical resources and the regulation of markets in organs.

At the core of Kant's ethics lies the claim that if there is a supreme principle of morality then it cannot be a principle based on utilitarianism or Aristotelian perfectionism or the Ten Commandments. The only viable candidate for such a principle is the categorical imperative. This book is the most detailed investigation of this claim. It constructs a new, criterial reading of Kant's derivation of one version of the categorical imperative: the Formula of Universal Law. This reading shows this (...) derivation to be far more compelling than contemporary philosophers tend to believe. It also reveals a novel approach to deriving another version of the categorical imperative, the Formula of Humanity, a principle widely considered to be the most attractive Kantian candidate for the supreme principle of morality. This book will be important not just for Kant scholars but for a broad swathe of students of philosophy. (shrink)

In Kant and Modern Political Philosophy, Katrin Flikschuh pursues two main aims. She tries to show that Kant’s theory of Right [Recht] is grounded in Kantian metaphysics. For example, we do not really understand Kant’s thought on property rights and cosmopolitanism unless we have in view its metaphysical underpinnings. Second, Flikschuh attempts to demonstrate the relevance of Kant’s theory of Right, especially as it is presented in Kant’s notoriously difficult Rechtslehre, to contemporary political concerns. In pursuing these aims she brings (...) to bear wide-ranging knowledge of scholarly work on Kant’s political and legal thought. (shrink)

Opponents of commerce in organs sometimes appeal to Kant’s Formula of Humanity to justify their position. Kant implies that anyone who sells an integral part of his body violates this principle and thereby acts wrongly. Although appeals to Kant’s Formula are apt, they are less helpful than they might be because they invoke the necessity of respecting the dignity of ends in themselves without specifying in detail what dignity is or what it means to respect it, and they cite the (...) wrongness of an agent’s treating another merely as a means without clarifying conditions under which this occurs. This paper crystallizes two different approaches to the Formula of Humanity and probes when, according to them, the principle would imply that it is wrong to engage in “live donor” transactions, in which someone chooses to undergo a kidney extraction in exchange for money. (shrink)

In the Paraplegia Case, we must choose either to preserve the life of a paraplegic for 10 years or that of someone in full health for the same duration. Non-consequentialists reject a benefit-maximising view, which holds that since the person in full health will have a higher quality of life, we ought to save him straightaway. In the Unequal Lifespan Case, we face a choice between saving one person for 5 years in full health and another for 25 years in (...) full health. Frances Kamm has recently unfurled an Equal Respect Argument in an effort to support the position that while we ought to give each person a 50% chance of being saved in the Paraplegia Case, we are morally permitted to save straightaway the person who would live longer in the Unequal Lifespan case. The article tries to show that a Kant-inspired account of the dignity of persons is far more successful than Kamm's argument in supporting this position. The Kant-inspired account owes this success to its conceiving of respect for persons not primarily as respect for their pursuit of what is of value for them, but rather as respect for the value in them. (shrink)

In The Sources of Normativity, Christine Korsgaard affirms that Enlightenment morality is true: humanity is valuable. To many of us few claims seem more obvious. Yet Enlightenment thinkers such as Kant do not limit themselves to affirming that humanity is valuable. They appeal to reason in an effort to establish it. They try to show that, in some sense, we are rationally compelled to recognize the value of humanity. Korsgaard joins in this effort. She champions the claim that unless we (...) take humanity to be valuable, we condemn ourselves to complete practical skepticism, i.e., to the view that we have no reason to do anything at all.Korsgaard discusses two arguments that, she believes, support this claim. The first she attributes directly to Kant in a series of influential papers on his ethics. The second argument, which she calls a ‘fancy new model’ of the first, she constructs under her own name in The Sources of Normativity. I will defend the view that neither of these arguments succeeds. In doing so, I will not be trying to show that we are mistaken in believing humanity to be valuable. (shrink)

In The Sources of Normativity, Christine Korsgaard affirms that Enlightenment morality is true: humanity is valuable. To many of us few claims seem more obvious. Yet Enlightenment thinkers such as Kant do not limit themselves to affirming that humanity is valuable. They appeal to reason in an effort to establish it. They try to show that, in some sense, we are rationally compelled to recognize the value of humanity. Korsgaard joins in this effort. She champions the claim that unless we (...) take humanity to be valuable, we condemn ourselves to complete practical skepticism, i.e., to the view that we have no reason to do anything at all.Korsgaard discusses two arguments that, she believes, support this claim. The first she attributes directly to Kant in a series of influential papers on his ethics. The second argument, which she calls a ‘fancy new model’ of the first, she constructs under her own name in The Sources of Normativity. I will defend the view that neither of these arguments succeeds. In doing so, I will not be trying to show that we are mistaken in believing humanity to be valuable. (shrink)

This article probes the voucher program from an ethical perspective. It focuses mainly on an issue of inequity. A disparity exists in US kidney transplantation. Although African-Americans suffer far higher rates of ESRD than whites, African-Americans are much less likely than whites to get a transplant. The article explores the voucher program in light of this disparity. It motivates the view that, at least in the short term, more whites than African-Americans are likely to take advantage of the voucher program. (...) The program is, thus, likely to increase the gap in transplantation rates between the two groups. If this is correct, what impact does it have on the moral acceptability of the program? (shrink)

According to Kant’s ethics, at least on one common interpretation, persons have a special worth or dignity that demands respect. But personhood is not coextensive with human life; for example, individuals can live in severe dementia after losing the capacities constitutive of personhood. Some philosophers, including David Velleman and Dennis Cooley, have suggested that individuals living after the loss of their personhood might offend against the Kantian dignity the individuals once possessed. Cooley has even argued that it is morally required (...) on Kantian grounds for those who realize that they will lose their personhood as a result of dementia (e.g. Alzheimer’s) to hasten their deaths (e.g. commit suicide). This article specifies circumstances in which post-personhood living might indeed involve an affront to the Kantian dignity of a person who once was. However, the article contends, Kant implies that it is neither morally required nor even morally permissible for someone in an early stage of Alzheimer’s to hasten their death to avoid such an affront, even if they have autonomously chosen to do so. The article adds an ethical perspective to debate on physician-assisted dying, in particular on the moral permissibility of the soon-to-be-demented ending their lives. (shrink)

In the distribution of resources, persons must be respected, or so many philosophers contend. Unfortunately, they often leave it unclear why a certain allocation would respect persons, while another would not. In this paper, we explore what it means to respect persons in the distribution of scarce, life-saving resources. We begin by presenting two kinds of cases. In different age cases, we have a drug that we must use either to save a young person who would live for many more (...) years or an old person who would only live for a few. In different numbers cases, we must save either one person or many persons from certain death. We argue that two familiar accounts of respect for persons―an equal worth account, suggested by Jeff McMahan, and a Kantian account, inspired by the Formula of Humanity―have implausible implications in such cases. We develop a new, “three-tiered” account: one that, we claim, generates results in such cases that accord better with many people’s considered judgments than those produced by its rivals. (shrink)

This paper concerns Kant's view of the relations between an actions's moral permissibility and its moral worth. In the Groundwork of the Metaphysics of Morals, Kant holds that only morally permissible actions can have moral worth. By restricting moral worth to morally permissible actions, Kant generates an asymmetrical account of how two kinds of failure affect an actions's moral worth. While failure to judge correctly whether one's action is morally permissible precludes it from having moral worth failure to attain the (...) end of one's action does not. I argue that this asymmetrical account is implausible. Kant, I claim, should acknowledge that morally permissible actions can have moral worth. After addressing objections to this claim, I consider Kant's position in a later work: the Metaphysics of Moreals. I argue that though he does not go far enough, Kant moves toward recognizing that some morally impermissible actions can have moral worth. (shrink)

This study explores Kant's accounts of acting from inclination and pursuing happiness. It culminates in two findings. First, Kant fails in his attempt to prove a central tenet of his ethics, namely that there can be no practical law of happiness. Second, Kant's critics have unfairly condemned his account of the role pleasure plays in acting from inclination. Chapter I, devoted to Kant's theory of agency, offers readings of his notions of willing, acting, and acting on a maxim. The chapter (...) rejects the orthodox interpretation of the will as the capacity for choice, arguing that Willkur is actually the capacity to act-on-choice. Chapter II focuses on Kant's account of the role pleasure plays in actions performed from inclination. According to the traditional interpretation, defended by T. H. Green and others, Kant holds that whenever an agent acts from inclination, she has pleasure as her only ultimate end. The chapter offers an alternative to this radically hedonistic reading, arguing that, with equal plausibility but more charity, we may interpret Kant to hold the following: whenever an agent acts from inclination, she has pleasure or the avoidance of displeasure as an ultimate end, but not necessarily as her only one. Chapter III offers a reading of Kant's views on happiness. It argues that his two main conceptions, i.e., his hedonistic and his inclination-based one, are not equivalent. Chapter IV shows that not one of Kant's six arguments for the claim that there can be no practical law of happiness succeeds. Chapter V also begins on a critical note, questioning the plausibility of Kant's conceptions of happiness. It ends by arguing that Kant's account of the role pleasure plays in acting from inclination stands up well to criticisms, including those advanced by Bernard Williams and Phillips Griffiths. With the help of this account, Kant is able to rebut the serious charge that his practical philosophy does not allow for the possibility of genuine friendship. (shrink)

This chapter contains sections titled: I II III IV V VI.

This chapter contains sections titled: I II III IV V VI Bibliography.

Life-saving health resources like organs for transplant and experimental medications are persistently scarce. How ought we, morally speaking, to ration these resources? Many hold that, in any morally acceptable allocation scheme, the young should to some extent be prioritized over the old. Govind Persad, Alan Wertheimer and Ezekiel Emanuel propose a multi-principle allocation scheme called the Complete Lives System, according to which persons roughly between 15 and 40 years old get priority over younger children and older adults, other things being (...) equal. They defend this ‘modified youngest first’ principle in part by appealing to the greater social investment that has been made in 15-year-olds than in younger children. Ruth Tallman has proposed a distinctive defense of modified youngest first, one that appeals not at all to social investment. We find this defense wanting. Tallman’s argument depends on the idea, which we try to show to be implausible, that allocations should maximize the number of people in the midst of a possibly complete life who actually complete their lives. Moreover, Tallman does not justify the priority modified youngest first gives 15-year-olds over, for example, 5-year-olds. Tallman fails to dispel a serious shortcoming with modified youngest first: its fundamental unfairness to pre-adolescents. (shrink)

Samuel Kerstein’s recent (2013) How To Treat Persons is an ambitious attempt to develop a new, broadly Kantian account of what it is to treat others as mere means and what it means to act in accordance with others’ dignity. His project is explicitly nonfoundationalist: his interpretation stands or falls on its ability to accommodate our pretheoretic intuitions, and he does an admirable job of handling carefully a range of well fleshed out and sometimes subtle examples. In what (...) follows, I shall give a quick summary of the chapters and then say two good things about the book and one critical thing. (shrink)

Many take Kantian ethics to founder when it comes to our duties to animals. In this paper, I advocate a novel approach to this problem. The paper is divided into three sections. In the first, I canvass various passages from Kant in order to set up the problem. In the second, I introduce a novel approach to this problem. In the third, I defend my approach from various objections. By way of preview: I advocate rejecting the premise that nonhuman animals (...) are nonrational. (shrink)

In this paper I develop and defend my arguments in favor of the moral permissibility of a legal market for human body parts in response to the criticisms that have been leveled at them by Paul M. Hughes and Samuel J. Kerstein.

In this paper, I argue that Kant gives a philosophically plausible derivation of the general duty of benevolence and that this derivation can be used to show how to derive other general duties of commission with the universalizability tests. The paper is divided into four sections. In the first, I explain Kant’s notion of a general duty. In the second, I introduce the universalizability tests. In the third, I examine and argue against an account in the secondary literature of how (...) to derive general duties from these tests. In the fourth, I look at Kant’s derivation of the duty of benevolence in the Metaphysics of Morals, and I suggest how this reasoning can be extended to other duties. (shrink)

This survey outlines a history of museums written through biographies of objects in their collections. First, the mechanics of the movement of things and the accompanying shifts in status are considered, from manufacture or growth through collecting and exchange to the museum. Objects gathered meanings through associations with people they encountered on their way to the collection, thus linking the history of museums to broader scientific and civic cultures. Next, the essay addresses the use of items once they joined a (...) collection, whether classificatory, analytical, or in display. By thus embedding the study of scientific practice in material culture, this approach contributes to constructivist histories of science. The final section addresses the role of objects in the experience of the visitors, emphasizing how fruitful the history of museum objects can be in the study of the public engagement with science. (shrink)

Der Band dokumentiert Beiträge zum 18. Symposium des Mediävistenverbandes, das im Frühjahr 2019 in Tübingen stattgefunden hat. Das Thema greift aktuelle Debatten über Autorschaft, Urheberrecht, Originalität und Plagiat auf, die anzeigen, dass diese Konzepte neuerdings in Bewegung geraten sind. Die Beiträge des Bandes fragen aus unterschiedlichen Fachperspektiven, ob und inwiefern die Verfahren des Umgangs mit Autorschaft zwischen Mittelalter und Moderne am Ende stärker vergleichbar sind als gemeinhin angenommen. So werden die aus der Moderne gebildeten Kategorien von Kreativität hinterfragt und unterlaufen. (...) Zugleich zeigt sich, dass eben diejenigen Kreativitätsprozesse der Moderne, die den hohen normativen Ansprüchen einer Geniekultur nicht entsprechen, nicht einfach Defizienzerscheinungen sind, sondern Variationen vielfach geübter Techniken, zu deren Verständnis die mittelalterliche Produktivität dient. Schaffen und Nachahmen sind nicht in einen "künstlerischen" Bereich der Kultur sektorierbar, sondern sie erweisen sich als Grundstruktur menschlichen Handelns auch im wissenschaftlichen, ethischen oder religiösen Feld. So liegt mit diesem Band ein starkes Plädoyer für die Anerkennung der kreativen Kraft der Nachahmung vor. (shrink)

The threat of bioterrorism, the emergence of the SARS epidemic, and a recent focus on professionalism among physicians, present a timely opportunity for a review of, and renewed commitment to, physician obligations to care for patients during epidemics. The professional obligation to care for contagious patients is part of a larger "duty to treat," which historically became accepted when 1) a risk of nosocomial infection was perceived, 2) an organized professional body existed to promote the duty, and 3) the public (...) came to rely on the duty. Physicians' responses to epidemics from the Hippocratic era to the present suggests an evolving acceptance of the professional duty to treat contagious patients, reaching a long-held peak between 1847 and the1950's. There has been some professional retrenchment against this duty to treat in the last 40 years but, we argue, conditions favoring acceptance of the duty are met today. A renewed embrace of physicians' duty to treat patients during epidemics, despite conditions of personal risk, might strengthen medicine's relationship with society, improve society's capacity to prepare for threats such as bioterrorism and new epidemics, and contribute to the development of a more robust and meaningful medical professionalism. (shrink)

In recent scholarship, the science and religion debate has been historicized, revealing the novelty of the concepts of science and religion and their complex connections to secularization and the birth of modernity. This article situates this historicist turn in the history of philosophy and its connections to theology and Scripture, showing that the science and religion concept derives from philosophy's earlier tension with theology as it became an academic discipline centered in the medieval, then research university, with the centrality of (...) Scripture changing under the influence of historical criticism. Looking at Thomas Aquinas and Friedrich Schleiermacher on theology and Scripture's connection to science, it offers a new framework for theorizing science and religion as part of the history of philosophy. (shrink)

In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld and (...) Nyholm: these three commentators reject the traditional interpretations entirely, but I argue that this rejection is ill-founded. In the third and fourth, I take a detailed look at Furner’s work, work in which he seeks to revise (rather than reject) the traditional interpretations. I argue that, despite his more modest aims, Furner’s revision is also ill-founded. (shrink)

Philosophical Investigations, Volume 45, Issue 3, Page 320-333, July 2022.

We routinely observe others’ choices and use them to guide our own. Whose choices influence us more, and why? Prior work has focused on the effect of perceived similarity between two individuals, such as the degree of overlap in past choices or explicitly recognizable group affiliations. In the real world, however, any dyadic relationship is part of a more complex social structure involving multiple social groups that are not directly observable. Here we suggest that human learners go beyond dyadic similarities (...) in choice behaviors or explicit group memberships; they infer the structure of social influence by grouping individuals based on choices, and they use these groups to decide whose choices to follow. We propose a computational model that formalizes this idea, and we test the model predictions in a series of behavioral experiments. In Experiment 1, we reproduce a well-established finding that people's choices are more likely to be influenced by someone whose past choices are more similar to their own past choices, as predicted by our model as well as dyadic similarity models. In Experiments 2–5, we test a set of unique predictions of our model by looking at cases where the degree of choice overlap between individuals is equated, but their choices indicate a latent group structure. We then apply our model to prior empirical results on infants’ understanding of others’ preferences, presenting an alternative account of developmental changes. Finally, we discuss how our model relates to classical findings in the social influence literature and the theoretical implications of our model. Taken together, our findings demonstrate that structure learning is a powerful framework for explaining the influence of social information on decision making in a variety of contexts. (shrink)

In this article, I confront Flanigan’s recent attempt to show, not merely that women have a right to commit prenatal injury, but also that women who act on this right are praiseworthy and should not be criticized for this injury. I show that Flanigan’s arguments do not work, and I establish presumptive grounds against any such right, namely: prenatal injury, by definition, involves intentional or negligent harm and, as such, may be subsumed under a wider class of actions that are (...) presumptively wrong. (shrink)

My goal in this paper is to show that two theses that are widely adopted among Kantian ethicists are irreconcilable. The paper is divided into four sections. In the first, I briefly sketch the contours of my own positive view of Kantian ethics, concentrating on the issues relevant to the two theses to be discussed: I argue that agents can perform actions from but not in conformity with duty, and I argue that agents intentionally can perform actions they take to (...) be contrary to duty. In the second, I focus on Barbara Herman’s non-accidental rightness condition from “On the Value of Acting from Duty.” In the third, I focus on Christine Korsgaard’s guise of the objectively good from “Formula of Humanity.” In the fourth, I explain why the positions developed by Herman and Korsgaard are irreconcilable and I make a suggestion about how to move forward. (shrink)