Moral norms are the rules of morality, those that people actually follow, and those that we feel people ought to follow, even when they don’t. Historically, the social sciences have been primarily concerned with describing the many forms that moral norms take in various cultures, with the emerging implication that moral norms are mere arbitrary products of culture. Philosophers, on the other hand, have been more concerned with trying to understand the nature and source of rules that all cultures (...) ought to follow, with relatively little regard for what people actually do. The tension between the two approaches has to do with whether there are any standards higher than the whims of culture in determining right and wrong. Typically, the social sciences say “no”, pointing at the diversity of moral beliefs. Most philosophers (along with people of moral conviction) feel that there must be some deeper source of morality than the trends and fads of culture. Unfortunately, the nature and source of such standards has remained something of a mystery. Recent work on the evolution of norms has changed this picture dramatically. (shrink)

This book is intended to help transform epistemology - the traditional study of knowledge - into a rigorous discipline by removing conceptual roadblocks and developing formal tools required for a fully naturalized epistemology. The evolutionary approach which Harms favours begins with the common observation that if our senses and reasoning were not reliable, then natural selection would have eliminated them long ago. The challenge for some time has been how to transform these informal musings about evolutionary epistemology into a rigorous (...) theoretical discipline capable of complementing current scientific studies of the evolution of cognition with a philosophically defensible account of meaning and justification. (shrink)

Existing research demonstrates a positive connection between psychedelics and increased nature relatedness. Enhanced affective ties toward nature are widely framed as being built into the pharmakon itself, and the relevance of experiences remains little understood. This paper turns to neoshamanic ayahuasca ceremonies in Europe, exploring the way specialists and attendants refer to nature in speech and performance. I argue that ritual framings performed during these ceremonies provide fertile ground for affective ties to emerge through substance‐induced experiences. I (...) trace such framings by exploring how medicine and healers are being coded; how specific materialities are rendered meaningful; and how individual experiences are discussed at such retreats. I argue that even while participants prioritize individual healing, personal development, or the satisfaction of psychonautical curiosity, environmentalism appears to be anchored by the proceedings themselves. Thus, this paper opens up for analysis ceremonial substance use as a contact zone where coherence is produced intersubjectively. (shrink)

Information theory offers a measure of "mutual information" which provides an appropriate measure of tracking efficiency for the naturalistic epistemologist. The statistical entropy on which it is based is arguably the best way of characterizing the uncertainty associated with the behavior of a system, and it is ontologically neutral. Though not appropriate for the naturalization of meaning, mutual information can serve as a measure of epistemic success independent of semantic maps and payoff structures. While not containing payoffs as terms, mutual (...) information places both upper and lower bounds on payoffs. This constitutes a non-trivial relationship to utility. (shrink)

BackgroundIn about one in 10,000 cases, a published article is retracted. This very often means that the results it reports are flawed. Several authors have voiced concerns about the presence of retracted research in the memory of science. In particular, a retracted result is propagated by citing it. In the published literature, many instances are given of retracted articles that are cited both before and after their retraction. Even worse is the possibility that these articles in turn are cited in (...) such a way that the retracted result is propagated further.MethodsWe have conducted a case study to find out how a retracted article is cited and whether retracted results are propagated through indirect citations. We have constructed the entire citation network for this case.ResultsWe show that directly citing articles is an important source of propagation of retracted research results. In contrast, in our case study, indirect citations do not contribute to the propagation of the retracted result.ConclusionsWhile admitting the limitations of a study involving a single case, we think there are reasons for the non-contribution of indirect citations that hold beyond our case study. (shrink)

This book is devoted to the so-called moral virtues, especially those moral virtues of which Christian tradition upholds that they are given by God to the faithful. For instance patience, humility and justice. There are not only different interpretations of these infused moral virutes, but it is also not unambiguous in the theology of Aquinas how these virtues are related to the virtues human beings acquire on their own accord. What is the relationship with Scripture, how do these virtues clour (...) the imitation of Christ, and what do these virtues tell about the moral life of non-Christians? (shrink)

Evolving signaling systems can be said to induce partitions on the space of world states as they approach equilibrium. Formalizing this claim provides a general framework for understanding what it means for language to “cut nature at its seams”. In order to avoid taking our current best science as providing the adaptive target for all evolving systems, the state space of the world must be characterized exclusively in terms of the coincidence of stimuli and payoffs that drives the evolution (...) of cognitive complexity. Cognition exploits the reliable clustering of events in this space. Using this framework to analyze our ordinary concepts of truth and justification, it appears that while justification can be a simple matter of conforming to historically entrenched strategies, truth cannot be fully specified on the basis of the system’s causal history, but requires a robust clustering in the larger world state space. (shrink)

The evolution of economic altruism is one of the most vigorous areas of study at the intersection of biology, economics, and philosophy. The basic problem is easily understood. Biological organisms, be they people or paramecia, have ample opportunity to confer benefits on others at relatively low cost to themselves. If conferring such benefits becomes common, the overall productivity of the population in which it occurs is increased. Presumably, there is no advantage to refusing such benefits, but it is also the (...) case that there is considerable advantage to pursuing a strategy according to which such benefits are accepted, but not conferred. In populations where individuals interact at random with others and when individuals play pure strategies (i.e., they always confer or do not confer benefits), the inevitable outcome is that altruistic behavior is driven to extinction. (Axelrod 1984) Nonetheless, there is ample evidence that self-sacrificing behavior is common in nature. (Sober and Wilson 1998) Consequently, individuals must not be interacting at random. The pressing question is then: what patterns of non-random interaction are responsible for the prevalence of altruistic behavior, and more theoretically, what sorts of plausible mechanisms exist that could generate the right kind of non- 1 The research reported here was supported by Canada ????? grant # ????? and the Centre for Applied Ethics at the University of British Columbia. (shrink)

Moral norms are the rules of morality, those that people actually follow, and those that we feel people ought to follow, even when they don’t. Historically, the social sciences have been primarily concerned with describing the many forms that moral norms take in various cultures, with the emerging implication that moral norms are mere arbitrary products of culture. Philosophers, on the other hand, have been more concerned with trying to understand the nature and source of rules that all cultures (...) ought to follow, with relatively little regard for what people actually do. The tension between the two approaches has to do with whether there are any standards higher than the whims of culture in determining right and wrong. Typically, the social sciences say “no”, pointing at the diversity of moral beliefs. Most philosophers (along with people of moral conviction) feel that there must be some deeper source of morality than the trends and fads of culture. Unfortunately, the nature and source of such standards has remained something of a mystery. Recent work on the evolution of norms has changed this picture dramatically. (shrink)

In “Harmful Choices, the Case of C, and Decision-Making Competence,” Pickering and colleagues advance an argument in favor of externalism, a view in which the competence of a decision maker is judged relative to factors external to their cognition. In advancing this argument, Pickering and colleagues focus on the external factor of harm: In their view, it is the harmfulness of a considered or chosen action that provides evidence against the competence of the decision maker. However, the proper identification (...) of harmful choices and outcomes remains a demanding task, largely because our understanding of what harm is remains deeply incomplete. Despite 50 years of tempestuous debate, the metaphysics of harm remains an unsettled question. The existence of such a debate does not, in and of itself, provide evidence against the externalist position; rather, it is the theories of harm themselves that pose meaningful challenges for the externalist. Our purpose, here, is to illuminate these challenges. (shrink)

Environmental, social and ethical issues have become increasingly important for businesses due to changed customer expectations, more regulation and stakeholder pressure, amongst others. This led to the development of concepts such as sustainability management, corporate social responsibility, stakeholder management and business ethics. Though mostly developed in isolation, scholars have increasingly worked on their integration. This editorial sheds light on overlaps between these concepts. We find that sustainability management and CSR have become more integrated and are increasingly grounded in an “embedded (...) view“ in which business and society is part of the natural environment. In contrast, business ethics has not been integrated to the same extent, expect for the subfield of environmental ethics. After this general overview, we introduce the individual contributions to the special issue which are advancing the conceptual and empirical foundation of sustainability management, CSR, and business ethics. (shrink)

This article defends the Harm Principle, commonly attributed to John Stuart Mill, against recent criticism. Some philosophers think that this principle should be rejected, because of severe difficulties with finding an account of harm to plug into it. I examine the criticism and find it unforceful. Finally, I identify a faulty assumption behind this type of criticism, namely that the Harm Principle is plausible only if there is a full-blown, and problem-free, account of harm, which proponents (...) of the principle can refer to. (shrink)

This article defends the Harm Principle, commonly attributed to John Stuart Mill, against recent criticism. Some philosophers think that this principle should be rejected, because of severe difficulties with finding an account of harm to plug into it. I examine the criticism and find it unforceful. Finally, I identify a faulty assumption behind this type of criticism, namely that the Harm Principle is plausible only if there is a full-blown, and problem-free, account of harm, which proponents (...) of the principle can refer to. (shrink)

In this paper I argue that philosophers of science have an obligation to recognize and engage with the social nature of the sciences they assess if those sciences are morally relevant. Morally-relevant science is science that has the potential to risk harm to humans, non-humans, or the environment. My argument and the approach I develop are informed by an analysis of the philosophy of biology literature on the criticism of evolutionary psychology, the study of the evolution of human (...) psychology and behaviour. From this literature, I tease out two different methods of scientific critique. The first I call the “truth-detectional” approach. Those who take this approach are first and foremost concerned about the truth of EP claims as that truth can be determined by evidence. The second I call the “social-dimensional” approach. Those who take this approach talk about the production and truth of EP claims but within a social framework. On this account, the legitimacy and perceived legitimacy of EP claims are not separate from the institutional and social processes and values that lend to their production. I show that the truth-detectional approach risks harms to society and to the philosophy of science, but that the social-dimensional approach avoids these harms. Philosophers of science, therefore, should take a social-dimensional approach to the assessment of morally-relevant science. (shrink)

ABSTRACT When does a state of affairs constitute a harm to someone? Comparative accounts say that being worse off constitutes harm. The temporal version of the comparative account is seldom taken seriously, due to apparently fatal counterexamples. I defend the temporal version against these counterexamples, and show that it is in fact more plausible than the prominent counterfactual version of the account. Non-comparative accounts say that being badly off constitutes harm. However, neither the temporal comparative account nor (...) the non-comparative account can correctly classify all harms. I argue that we should combine them into a hybrid account of harm. The hybrid account is extensionally adequate and presents a unified view on the nature of harm. (shrink)

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

This book focuses on the nature and importance of harm by providing a sustained defense of the counterfactual comparative account, in particular by extending the account to allow for a certain kind of plural or collective harm. According to the counterfactual comparative account, an event harms a person provided that she would have been better off had it not occurred. On the account defended in this book, there are cases in which some events harm a given (...) individual even though none of them by itself harms the individual. This account aims to solve the most serious problem facing the counterfactual comparative account, a problem involving cases of preemption. In such cases, an intuitively harmful event does not make the victim worse off, since if it had not occurred, another event would have had a similar adverse influence on the victim’s well-being. The book also contains discussion of various competing accounts of harm, and it replies to other challenges to the counterfactual comparative account. It argues, moreover, that an action that would harm a person does not thereby have a strong moral reason against it; if there is a strong moral reason against a harmful act, the reason is due primarily to some of the act’s other features. (shrink)

The counterfactual comparative account of harm has emerged as the main contender in the recent literature on the nature of harm. But Erik Carlson argues that the account violates plausible normative principles connecting harm with our reasons to perform certain actions and to prefer certain outcomes. According to Carlson, the account implies that we have reason to perform actions and to prefer outcomes that we do not in fact possess. This paper defends the counterfactual comparative account (...) from these objections. (shrink)

Many believe that severe intellectual impairment, blindness or dying young amount to serious harm and disadvantage. It is also increasingly denied that it matters, from a moral point of view, whether something is biologically normal to humans. We show that these two claims are in serious tension. It is hard explain how, if we do not ascribe some deep moral significance to human nature or biological normality, we could distinguish severe intellectual impairment or blindness from the vast list (...) of seemingly innocent ways in which we fail to have as much wellbeing as we could, such not having super‐intelligence, or not living to 130. We consider a range of attempts to draw this intuitive normative distinction without appealing to normality. These, we argue, all fail. But this doesn't mean that we cannot draw this distinction or that we must, implausibly, conclude that biological normality does possess an inherent moral importance. We argue that, despite appearances, it is not biological normality but rather statistical normality that, although lacking any intrinsic moral significance, nevertheless makes an important moral difference in ways that explain and largely justify the intuitive distinction. (shrink)

In this paper, I redress an analytic deficit in debates about sedition by providing an explanatorily account of the relation between speech and action using speech act theory as developed by J. L. Austin. The specific focus will be on speech acts advocating violence against the state, in the form of religious sermons preaching violent jihad or glorifying acts of terrorism. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause (...) harm. It also suggests that because speech can constitute action or conduct in certain circumstances, sedition laws, in principle, might be defensible, but not in their current form. (shrink)

Roxanne Kurtz has argued that the "virtual rape" of a character in a computer-generated world (an avatar) shares many (though obviously not all) of the wrong-making features of physical rape in the real world. I agree in part, but argue that, due to the typical features of virtual worlds, its wrongfulness is dominated by the harm it does to the avatar user's capacity for social interaction and self-representation. In the course of the argument I hope to shed more light (...) upon the nature of avatars, and their relationship to "offline" avatars in, e.g., role-playing and children's games. (shrink)

Many philosophers think that an agent punishes a subject only if the agent aims to harm the subject. Bill Wringe has recently argued against this claim. I show that his arguments fail.

Many believe that severe intellectual impairment, blindness or dying young amount to serious harm and disadvantage. It is also increasingly denied that it matters, from a moral point of view, whether something is biologically normal to humans. We show that these two claims are in serious tension. It is hard explain how, if we do not ascribe some deep moral significance to human nature or biological normality, we could distinguish severe intellectual impairment or blindness from the vast list (...) of seemingly innocent ways in which we fail to have as much wellbeing as we could, such not having super-intelligence, or not living to 130. We consider a range of attempts to draw this intuitive normative distinction without appealing to normality. These, we argue, all fail. But this doesn't mean that we cannot draw this distinction or that we must, implausibly, conclude that biological normality does possess an inherent moral importance. We argue that, despite appearances, it is not biological normality but rather statistical normality that, although lacking any intrinsic moral significance, nevertheless makes an important moral difference in ways that explain and largely justify the intuitive distinction. (shrink)

Lawyers and philosophers have found it challenging to construct an account of when an act causes harm that is broad enough to address multiple agent problems but not so broad that it fails to distinguish between genuinely harming a person and imposing a condition on a person that we deem undesirable. Thus, we may think an act causes harm only if it makes a difference to a person and, more specifically, makes things worse for that person. If the (...) effect is the same whatever the one agent does in virtue of what a second agent does or is prepared to do, it may seem that what the one agent does makes no difference. Multiple agent problems are endemic. Legal hypotheticals include the example of two fires, each ‘tortiously’ set, converging on a single barn. The physician faces a multiple agent problem when he or she understands that refusing to provide the fertility treatment a patient demands will just lead to another physician providing the treatment instead. And corporations face the problem when they project that conscientiously refraining from drilling for oil at a particular site will not safeguard that site but rather open the door to equally deleterious activities of still other corporations. This paper argues that a useful first step in developing an account of harm in the multiple agent context is to recognize that often, even if the individual agent cannot make things better for a person, the group can. It seems, however, that a fully adequate account will also show how and when the harm that the group imposes on a person devolves to the agent. This paper proposes such an account. Requirements include: that the agent is a member of a group implicated in the harm; that the agent participate in the bringing about of that harm; and that the agent’s non-participation would not have made things worse for the person. To avoid the charge of harm, then, and still participate in the harm that is done by the group, the agent’s participation must make things better for the person; simply not making things worse, once the other conditions are satisfied, is not enough to avoid the charge of harm. Advantages of the proposed account include its ability to discern as an exception cases in which the agent’s non-participation would have made things worse for the person and to distinguish cases involving a mix of natural and man-made causes. (shrink)

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

This paper continues a debate about the following claim: an agent punishes someone only if she aims to harm him. In a series of papers, Bill Wringe argues that this claim is false, I criticize his arguments, and he replies. Here, I argue that his reply fails.

My aim in this paper is to move toward a relational moral theory of harm through examination of a common yet underexplored form of child maltreatment: childhood psychological abuse. I draw on relational theory to consider agential, intrapersonal, and interpersonal ways in which relational harms develop and evolve both in intimate relationships and in conditions of oppression. I set forth three distinctive yet interconnected forms of relational harm that childhood psychological abuse causes: harm to the relational agency (...) of individuals, harm to the relationships individuals hold with themselves, especially with regard to how they respect, know, and trust themselves, and harm to interpersonal relationships of both a direct and indirect nature in present and future timeframes. I close by noting that while relationships can be the site of human brutality that destroys the relational self, paradoxically and promisingly, they also can be a primary means of the relational reconstitution of the self. Ultimately, relational analyses of the harms of childhood psychological abuse reveal several key elements of a relational theory of harm and demonstrate the significance of relational harms for moral philosophy. (shrink)

A key question for research on the evolutionary origins of morality concerns just what the target of an evolutionary explanation of morality should be. Some researchers focus on behaviors, others on systems of norms, yet others on moral emotions. Richard Joyce (2006) offers an evolutionary explanation for the trait of making moral judgments. Here, I defend Joyce’s account of moral judgment against two objections from Stephen Stich (2008). Stich’s first objection concerns the supposed universality of moral judgments as Joyce conceives (...) of them. I respond by undermining the empirical evidence upon which this objection is based. Stich’s second objection concerns the extent of the moral domain, which he takes to include far more than the considerations of harm and fairness central to Joyce’s account. In response, I outline several strategies for reconciling Stich’s observations with Joyce’s account. (shrink)

Two alternative accounts have emerged as viable competitors to the forerunning counterfactual comparative account in the recent debate concerning the nature of harm. These are the “non-comparative statebased account of harm ” defended by Elizabeth Harman, the “event-based account of harm ” defended by Matthew Hanser. I raise one simple but serious counterexample involving “non-regrettable disabilities” that applies to both of these alternative accounts but that is avoided by the counterfactual comparative account. I point out that (...) my counterexample is one instance of a broader problem for alternatives to the counterfactual comparative account. The problem is that each of them divorces the concept of harm from the intuitive idea that we have moral and prudential reasons to avoid it. (shrink)

The counterfactual comparative account of harm and benefit has several virtues, but it also faces serious problems. I argue that CCA is incompatible with the prudential and moral relevance of harm and benefit. Some possible ways to revise or restrict CCA, in order to avoid this conclusion, are discussed and found wanting. Finally, I try to show that appealing to the context-sensitivity of counterfactuals, or to the alleged contrastive nature of harm and benefit, does not provide (...) a solution. (shrink)

The notion of harm is frequently used in the discussion of the nature of mental disorder. Harm also plays important roles in the prominent diagnostic manuals such as DSM and ICD. Recently, however, Cristina Amoretti and Elisabetta Lalumera have questioned the idea that harm should be a necessary constituent of mental disorders. They argue that the notion of harm is underspecified and potentially leads to false negatives in diagnosing mental disorders. Given that harm plays (...) significant roles in medical diagnosis and treatment indicates that we should be reluctant to remove it as a criterion for deciding whether some condition is a mental disorder. Instead, we argue that harm should be understood in the prudential sense and harm in this sense provides a way of responding to worries raised by Amoretti and Lalumera, while staying true to the conception of harm that is relevant for psychiatric practice. (shrink)

This issue of The Journal of Medicine and Philosophy exemplifies the diverse range of topics that fall under the scope of bioethics and the philosophy of medicine. The eight essays in this number challenge many of the underlying assumptions made in the philosophy of medicine, health care, the abortion debate, the nature of harm, disability, the moral status of human beings, and pandemic lockdown procedures.

Robert Nozick's adherence to Locke's puzzling doctrine about punishment can seem strange. Why does Nozick follow Locke in claiming that individuals in a state of nature have a right to punish any wrongdoer?Here reflection on this question proceeds by stages to a conclusion that Nozick as well as any other state-of-nature theorist of similar stripe should find disturbing. For, as we shall see, what Nozick describes as the general right of a minimal state to punish cannot arise within (...) a state of nature from the more plausible right of individuals to punish only those who harm them. (shrink)

According to the predominant view within contemporary philosophy of psychiatry, mental disorders involve essentially personal and societal values, and thus, the concept of mental disorder cannot, even in principle, be elucidated in a thoroughly objective manner. Several arguments have been adduced in support of this impossibility thesis. My critical examination of two master arguments advanced to this effect by Derek Bolton and Jerome Wakefield, respectively, raises serious doubts about their soundness. Furthermore, I articulate an alternative, thoroughly objective, though in part (...) normative, framework for the elucidation of the concept of mental disorder. The concepts of mental dysfunction and impairment of basic psychological capacities to satisfy one’s basic needs are the building blocks of this framework. I provide an argument for the objective harmfulness of genuine mental disorders as patterns of mental dysfunctions with objectively negative biotic values, as well as a formally correct definition of the concept of mental disorder. Contrary to the received view, this objective framework allows for the possibility of genuine mental disorders due to adverse social conditions, as well as for quasi-universal mental disorders. I conclude that overall, the project of providing an objective account of the concept of mental disorder is far from impossible, and moreover, that it is, at least in principle, feasible. (shrink)

In this paper, I argue that assertions about the value of diversity rely on contradictory and incommensurable claims. As a result, institutions like the Supreme Court find it impossible to articulate an impartial standard for the appropriate use of race in college admissions. I argue that in the absence of such a standard, institutions inevitably fall back on engineering proportional racial outcomes, a method of college admissions that disproportionately harms minority students.

Most incidences of dishonesty in research, financial investments that promote personal financial gain, and kickback scandals begin as conflicts of interest (COI). Research indicates that healthcare professionals who maintain COI relationships make less optimal and more expensive patient care choices. The discovery of COI relationships also negatively impact patient and public trust. Many disciplines are addressing this professional issue, but little work has been done towards understanding and applying this moral category within a nursing context. Do COIs occur in nursing (...) and are they problematic? What are the morally appropriate responses to COI for our discipline and for individual practicing nurses? In this paper I examine the nature of 'conflict of interest' as a general ethical category, its characteristics and its application to our discipline. Conflict of interest is an odd moral category that may actually or potentially result in immoral decisions. The moral justification for COI is grounded prime facie by the moral value of respect for persons and principle of fidelity from which trust is developed and maintained. In review of the historical development, there appears to be consensus on some qualities of COI that are presented. I conclude that making judgements about COI are challenging and often difficult to determine from a nursing perspective. Improving nurses' and professional organizations' awareness of COI and sharpening our ability to respond appropriately when COI arise can reduce potential harm and promote trust in those whom we serve. (shrink)

Since the 1970s, sexual assault laws have evolved to include prohibitions of sexual acts with cognitively impaired individuals. The argument justifying this prohibition is typically as follows: A sex act that is forced (without the legally valid consent of) someone is sexual assault. Cognitively impaired individuals, because they lack certain intellectual abilities, cannot give legally valid consent. Therefore, cognitively impaired individuals cannot consent to sex. Therefore, sex acts with cognitively impaired individuals is sexual assault. The prohibition of sex with such (...) individuals is regarded by many as a significant advance. It certainly seems to be an improvement upon the days in which individuals could engage in sex with cognitively impaired adults with impunity regardless of the physical, emotional and psychological consequences such sex acts caused for those individuals. Yet, this legislation raises serious puzzles. For example, in the U.S., cognitively impaired individuals are routinely convicted for sexual assault with non-cognitively impaired minors. How should we think about the conviction of a cognitively impaired individual who has sex with an underage, non-cognitively impaired individual? Does this imply that cognitively impaired persons are capable of understanding the criminality of failing to obtain legal consent while being, nonetheless, incapable of giving such consent? Should the law address only those cases in which either both or neither of the individuals involved are cognitively impaired? If so, why? -/- In this paper, I claim that shifting the analysis to one based on harms (away from legal standards of consent) better captures our intuitions about sex acts involving cognitively impaired individuals. (Indeed, a review of case law reveals a focus within these cases on the harms experienced by the impaired individuals involved.) I close the paper by identifying the difficulties that plague any legislation concerning individuals with mental impairments. (shrink)