Hastings Center Report, Volume 52, Issue S1, Page S69-S71, March‐April 2022.

This two-part article offers a defense of a libertarian doctrine that centers on two propositions. The first is the self-ownership thesis according to which each individual possesses original moral rights over her own body, faculties, talents, and energies. The second is the anti-egalitarian conclusion that, through the exercise of these rights of self-ownership, individuals may readily become entitled to substantially unequal extra-personal holdings. The self-ownership thesis remains in the background during Part I of this essay, while the anti-egalitarian conclusion is (...) supported in two ways. First, I offer a reconstruction of Robert Nozick's well-known `How Liberty Upsets Patterns' argument against all end-state and pattern theories of distributive justice; and I defend this reconstructed stance against what might seem to be telling criticisms. Second, I defend the two key principles of Nozickian historical entitlement theory against criticisms offered by G.A. Cohen. Part II will center on Cohen's contention that the crucial basis for the anti-egalitarian conclusion is the self-ownership thesis. There I argue that Cohen is correct to hold that he must reject the self-ownership thesis if he is to avoid the anti-egalitarian conclusion; but he is wrong to think that he has an adequate basis for rejecting this thesis. Thus, both elements in the libertarianism under consideration are vindicated. And, the self-ownership thesis plays a surprisingly direct role in vindicating the anti-egalitarian conclusion. (shrink)

Part I of this essay supports the anti-egalitarian conclusion that individuals may readily become entitled to substantially unequal extra-personal holdings by criticizing end-state and pattern theories of distributive justice and defending the historical entitlement doctrine of justice in holdings. Part II of this essay focuses on a second route to the anti-egalitarian conclusion. This route combines the self-ownership thesis with a contention that is especially advanced by G.A. Cohen. This is the contention that the anti-egalitarian conclusion can be inferred from (...) the self-ownership thesis without the aid of additional controversial premises. Cohen advances this contention, not because he wants to support the anti-egalitarian conclusion, but rather because he wants to emphasize the need for one to reject the self-ownership thesis if one is to reject the anti-egalitarian conclusion. In Part II of this essay, I support this second route to the anti-egalitarian conclusion by reinforcing Cohen's special contention while rejecting his challenges to the self-ownership thesis. Cohen's special contention is reinforced by way of an explanation of why the redistributive state must trench upon some people's self-ownership rights. One important challenge to the self-ownership thesis is answered through the articulation of a new and improved Lockean proviso. Another challenge offered by Cohen is answered by arguing that the philosophical costs of denying the self-ownership thesis are as great as the self-ownership libertarian maintains. Thus, I defend both of the key elements of self-ownership libertarianism, the self-ownership thesis and the anti-egalitarian conclusion. (shrink)

Fodor and Lepore, in their recent book "Holism," maintain that if an inference from semantic anatomism to semantic holism is allowed, certain fairly deleterious consequences follow. In Section 1 Fodor and Lepore's terminology is construed and amended where necessary with the result that the aforementioned deleterious consequences are neither so apparent nor straightforward as they had suggested. In Section 2 their "Argument A" is considered in some detail. In Section 3 their "argument attributed to Quine" is examined at length and (...) a shorter and more perspicacious argument suggested which avoids their charge that the Quinean argument is guilty of an equivocation on the word 'statement'. (shrink)

In _German Idealism and the Jew_, Michael Mack uncovers the deep roots of anti-Semitism in the German philosophical tradition. While many have read German anti-Semitism as a reaction against Enlightenment philosophy, Mack instead contends that the redefinition of the Jews as irrational, oriental Others forms the very cornerstone of German idealism, including Kant's conception of universal reason. Offering the first analytical account of the connection between anti-Semitism and philosophy, Mack begins his exploration by showing how the fundamental (...) thinkers in the German idealist tradition—Kant, Hegel, and, through them, Feuerbach and Wagner—argued that the human world should perform and enact the promises held out by a conception of an otherworldly heaven. But their respective philosophies all ran aground on the belief that the worldly proved incapable of transforming itself into this otherworldly ideal. To reconcile this incommensurability, Mack argues, philosophers created a construction of Jews as symbolic of the "worldliness" that hindered the development of a body politic and that served as a foil to Kantian autonomy and rationality. In the second part, Mack examines how Moses Mendelssohn, Heinrich Heine, Franz Rosenzweig, and Freud, among others, grappled with being both German and Jewish. Each thinker accepted the philosophies of Kant and Hegel, in varying degrees, while simultaneously critiquing anti-Semitism in order to develop the modern Jewish notion of what it meant to be enlightened—a concept that differed substantially from that of Kant, Hegel, Feuerbach, and Wagner. By speaking the unspoken in German philosophy, this book profoundly reshapes our understanding of it. (shrink)

ObjectivesThe end of life is an ethically challenging time requiring complex decision-making. This study describes ethical frameworks among physician trainees, explores how these frameworks manifest and relates these frameworks to experiences delivering end-of-life care.DesignWe conducted semistructured in-depth exploratory qualitative interviews with physician trainees about experiences of end-of-life care and moral distress. We analysed the interviews using thematic analysis.SettingAcademic teaching hospitals in the United States and United Kingdom.ParticipantsWe interviewed 30 physician trainees. We purposefully sampled across three domains we expected to be (...) associated with individual ethics in order to elicit a diversity of ethical and experiential perspectives.ResultsSome trainees subscribed to a best interest ethical framework, characterised by offering recommendations consistent with the patient’s goals and values, presenting only medically appropriate choices and supporting shared decision-making between the patient/family and medical team. Others endorsed an autonomy framework, characterised by presenting all technologically feasible choices, refraining from offering recommendations and prioritising the voice of patient/family as the decision-maker.ConclusionsThis study describes how physician trainees conceptualise their roles as being rooted in an autonomy or best interest framework. Physician trainees have limited clinical experience and decision-making autonomy and may have ethical frameworks that are dynamic and potentially highly influenced by experiences providing end-of-life care. A better understanding of how individual physicians’ ethical frameworks influences the care they give provides opportunities to improve patient communication and advance the role of shared decision-making to ensure goal-aligned end-of-life care. (shrink)

Pronouns often convey information about a person’s social identity (e.g., gender). Consequently, pronouns have become a focal point in academic and public debates about whether pronouns should be changed to be more inclusive, such as for people whose identities do not fit current pronoun conventions (e.g., gender non-binary individuals). Here, we make an empirical contribution to these debates by investigating which social identities lay speakers think that pronouns should encode and why. Across four studies, participants were asked to evaluate different (...) types of real and hypothetical pronouns, including binary gender pronouns, race pronouns, and identity-neutral pronouns. We sampled participants from two languages with different pronoun systems: English (N = 1,120) and Turkish (N = 260). English pronouns commonly denote binary gender (e.g., he for men), whereas Turkish pronouns are identity-neutral (e.g., o for anyone). Participants’ reasoning about pronouns reflected both a familiarity preference (i.e., participants preferred the pronoun type used in their language) and—critically—participants’ social ideologies. In both language contexts, participants’ ideological beliefs that social groups are inherently distinct (essentialism) and should be hierarchal (social dominance orientation) predicted relatively greater endorsement of binary gender pronouns and race pronouns. A preregistered experimental study with an English-speaking sample showed that the relationship between ideology and pronoun endorsement is causal: Ideologies shape attitudes toward pronouns. Together, the present research contributes to linguistic and psychological theories concerning how people reason about language and informs policy-relevant questions about whether and how to implement language changes for social purposes. (shrink)

Arien Mack and Irvin Rock make the radical claim that there is no conscious perception of the visual world without attention to it.

The two main theses of are: (i) that persons possess an original, non-acquired right not to be precluded from making extra-personal material their own (or from exercising discretionary control over what they have made their own); and (ii) that this right can and does take the form of a right that others abide by the rules of a (justifiable) practice of property which facilitates persons making extra-personal material their own (and exercising discretionary control over what they have made their own). (...) I articulate some of the good reasons we have to affirm persons' possession of an original, non-acquired right of self-ownership and argue that the same good reasons support the ascription to persons of a natural right of property. I contrast an conception of the actions through which (initial) rights over extra-personal objects arise with a conception of (initial) entitlement-generating actions. I argue that the fact that the natural right to property can and does take the form of persons' rights that others abide by the rules of a (justifiable) practice of property explains how there are many instances of (initial) entitlement generation which are not plausibly explained by those wed to the inherent feature conception of entitlement-generating actions and why there is a strong conventional dimension in the procedures through which persons acquire (initial) property rights. (shrink)

In a series of three experiments, we explored the nature of implicit representations in change blindness . Using 3 × 3 letter arrays, we asked subjects to locate changes in paired arrays separated by 80 ms ISIs, in which one, two or three letters of a row in the second array changed. In one testing version, a tone followed the second array, signaling a row for partial report . In the other version, no PR was required. After Ss reported whether (...) a change had been detected and the PR had been completed , they were asked to identify a degraded letter trigram that was either novel, or from a previously shown row . Our findings indicate that when CB occurs, both the pre-change and post-change stimulus information primes despite its unavailability to consciousness. Surprisingly, findings also indicate that when change detection occurs only the post-change information primes. (shrink)

My goal in this essay is to say something helpful about the philosophical foundations of deontic restraints, i.e., moral restraints on actions that are, roughly speaking, grounded in the wrongful character of the actions themselves and not merely in the disvalue of their results. An account of deontic restraints will be formulated and offered against the backdrop of three related, but broader, contrasts or puzzles within moral theory. The plausibility of this account of deontic restraints rests in part on how (...) well this account resolves the puzzles or illuminates the contrasts which make up this theoretical backdrop. (shrink)

In “Mindsets, Informed Consent and Research,” Lynn Jansen opens a promising new window onto consent for early‐phase cancer trials. She hypothesizes that patients who have agreed to take part in these trials, most of whom have incurable cancers, adopt different cognitive orientations or mindsets during the predecisional “deliberative” phase than they do during the postdecisional “implementation” phase. The different objectives that individuals hold during these phases—choosing among courses of action during the former, implementing the chosen action during the latter—lead to (...) the adaptive and preconscious application of different cognitive and attentional filters. If this is the case, then the prevalent practice of using surveys and interviews with postdecisional research participants, who on average markedly overestimate the potential for benefit that these trials offer, to extrapolate to the ethically central but much less studied deliberative phase, is methodologically suspect. As Jansen correctly notes, her thesis has numerous implications for the theory and study of informed consent. Three, in particular, deserve further discussion. (shrink)

Incidental findings in research with human participants may have implications for a person’s present health or future health outcomes. Current guidelines focus on methods for handling and reporting incidental findings from biological test data but incidental findings might also arise from non-biological tests. This article presents three examples in which the results from non-biological test data can be predictive of future disease and should be disclosed to research participants. It is intended to increase awareness and facilitate further discussion about the (...) reporting of incidental findings from non-biological data. (shrink)

Textual entailment is a relationship that obtains between fragments of text when one fragment in some sense implies the other fragment. The automation of textual entailment recognition supports a wide variety of text-based tasks, including information retrieval, information extraction, question answering, text summarization, and machine translation. Much ingenuity has been devoted to developing algorithms for identifying textual entailments, but relatively little to saying what textual entailment actually is. This article is a review of the logical and philosophical issues involved in (...) providing an adequate definition of textual entailment. We show that many natural definitions of textual entailment are refuted by counterexamples, including the most widely cited definition of Dagan et al. We then articulate and defend the following revised definition: T textually entails H = df typically, a human reading T would be justified in inferring the proposition expressed by H from the proposition expressed by T. We also show that textual entailment is context-sensitive, nontransitive, and nonmonotonic. (shrink)

This comprehensive Handbook presents the major perspectives within philosophy and literary studies on the relations, overlaps and tensions between philosophy and literature. Drawing on recent work in philosophy and literature, literary theory, philosophical aesthetics, literature as philosophy and philosophy as literature, its twenty-nine chapters plus substantial Introduction and Afterword examine the ways in which philosophy and literature depend on each other and interact, while also contrasting with each other in that they necessarily exclude or incorporate each other. This book establishes (...) an enduring framework for structuring the broad themes defining the relations between philosophy and literature and organising the main topics in the field. Key Features • Structured in five parts addressing philosophy as literature, philosophy of literature, philosophical aesthetics, literary criticism and theory, and main areas of work within philosophy and literature • An Introduction setting out the main concerns of the field through discussion of the major themes along with the individual topics • An Afterword looking at the interactions between philosophy and literature through itself enacting philosophical and literary writing while examining the question of how they can be brought together The Palgrave Handbook of Philosophy and Literature is an essential resource for scholars, researchers and advanced students in philosophy of literature, philosophy as literature, literary theory, literature as philosophy, and the philosophical aesthetics of literature. It is an ideal volume for researchers, advanced students and scholars in philosophy, literary studies, philosophy and literature, cultural studies, classical studies and other related fields. (shrink)

The primary purpose of this essay is to offer a critique of a particular program within moral and political philosophy. This program can be stated quite succinctly. It is to account for agents' being subject to deontic restrictions on the basis of their possession of agent-relative reasons for acting in accordance with those restrictions. Needless to say, the statement of this program requires some further explication. Specifically, two claims require explanation: the reasons individuals have for or against engaging in particular (...) actions are, at least to a very significant extent, agent-relative rather than agent-neutral; and agents' conduct toward others is subject to deontic restrictions. Finally, I need to explain why an agent's possession of agent-relative reasons for performing or refraining from certain actions may be thought to explain that agent's being subject to certain deontic restrictions. (shrink)

Rights-oriented libertarian theory asserts the existence of robust individual rights - including robust rights of property. If these property rights are absolute, then it seems that all taxation is theft. However, it also seems that, if an individual is (faultlessly) in dire straits, it is permissible for him to seize or trespass in order to escape from those straits. It does seem that in this sense property rights are non-absolute. This essay examines what contribution this non-absoluteness of rights makes to (...) the justification of taxation for the sake of rescuing individuals from their dire straits. The essay investigates how dire an individual's circumstances have to be for him to have a dispensation from the normal obligation to respect property. It distinguishes among different dispensations that individuals in dire enough circumstances may have. And it emphasizes how precarious is the path from the premise that sometimes individuals possess one or another of these dispensations to the conclusion that taxation to rescue people from dire straits is justified. Footnotesa I thank Ellen Paul, the other contributors to this volume, and Mary Sirridge for their helpful comments. (shrink)

This essay contrasts two approaches to permissible self-defensive killing. The first is the forfeiture approach; the second is the elbow room for self-defense approach. The forfeiture approach comes in many versions — not all of which make prominent use of the word “forfeiture.” However, all versions presume that the permissibility of X killing Y (when X must kill Y in order to prevent herself from being unjustly killed) depends entirely on there being some feature of Y in virtue of which (...) Y has become liable to be killed, that is, in virtue of which Y has forfeited or lost or been stripped of his right not to be killed. Different versions of the forfeiture approach advance different claims about what feature of Y will render Y liable to being killed by X. I criticize versions of this approach offered by Thomson, Otsuka, and McMahan and argue that the shared deep error is the presumption that the permissibility of X’s action turns entirely on some feature of Y. In focusing entirely on Y, the forfeiture approach fails to take seriously X’s right of self-defense. In contrast, the elbow room for self-defense approach starts with an explication of a plausible right of self-defense and maintains that a proper explication of Y’s right not to be killed must make moral elbow room from X’s exercise of this right. Within the elbow room approach, Y’s liability to being killed is based upon X’s right of self-defense rather than the permissibility of X’s killing Y being based upon Y’s forfeiture. (shrink)

My goal in this essay is to say something helpful about the philosophical foundations of deontic restraints, i.e., moral restraints on actions that are, roughly speaking, grounded in the wrongful character of the actions themselves and not merely in the disvalue of their results. An account of deontic restraints will be formulated and offered against the backdrop of three related, but broader, contrasts or puzzles within moral theory. The plausibility of this account of deontic restraints rests in part on how (...) well this account resolves the puzzles or illuminates the contrasts which make up this theoretical backdrop. (shrink)

Psychological essentialism has played an important role in social psychology, informing influential theories of stereotyping and prejudice as well as questions about wrongdoers’ accountability and their ability to change. In the existing literature, essentialism is often tied to beliefs in shared biology—i.e., the extent to which members of a social group are seen as having the same underlying biological features. Here we investigate the possibility of “value-based essentialism” in which people think of certain social groups in terms of an underlying (...) essence, but that essence is understood as a value. Study 1 explored beliefs about a wide range of social groups and found that both groups with shared biology (e.g., women) and shared values (e.g., hippies) elicited similar general essentialist beliefs relative to more incidental social categories (e.g., English-speakers). In Studies 2-4, participants who read about a group either as being based in biology or in values reported higher general essentialist beliefs compared to a control condition. Because biological essences about social groups have been connected to a number of downstream consequences, we also investigated two test cases concerning value-based essentialism. In Study 3, beliefs about both shared biology and shared values increased inductive generalizations about the social group relative to control, but in Study 4, only the shared biology condition reduced blame for wrongdoing. Together these findings join with recent work to support a broader theoretical framework of essentialism about social groups that can be arrived at through multiple pathways, including, in the present case, shared values. (shrink)

An ongoing tension exists within the Lockean tradition in political philosophy between the claim that each individual is the “Proprietor of his own Person” and the claim that nature is “that which God gave to Mankind in common.” The former claim points to a realm of discrete individual entitlements only formally equal in the sense of each individual having jurisdiction over his own person and not over any other person, while the latter points either to a collective entitlement to nature (...) or to individual entitlements to substantively equal shares of nature. Were the two realms, that of persons and that of extra-personal nature, separate and independent, no tension would arise from the union of these two claims. But the realms are manifestly interconnected. Individuals acquire, use, labor upon, invest their time and energy on, and transform, more or less in accordance with their purposes, elements of extra-personal nature. And Locke and his followers believe that at least certain of these interactions with segments of nature give rise to individual property rights to the segments thereby appropriated, labored upon, transformed, or whatever. The traditional bridging notion is each person's right to his own labor which is seen as part of each person's proprietorship over himself. According to this tradition, if the right of each individual over his own person is to be respected, individual titles to appropriated, labored upon, or transformed nature must also be respected. The task for anyone seeking to embrace all the strands within this Lockean heritage is to reconcile, a) this right to one's own labor and the system of private property rights tied to it plus the right of self-ownership which lies behind the right to one's own labor, with b) some distributionist ideal, at least with regard to natural resources. (shrink)

Marshall et al. (2024) raise questions regarding patient refusals of care. In this commentary we address refusals of care from the lens of patient autonomy and provide suggestions for patient cente...