The world famous Eltroxin saga of 2009–2011, which ignited heated public debates in Europe, Canada, and Australia, reveals the problematic nature of standalone autonomy protection cases. Eltroxin is a life-sustaining thyroid hormone replacement medicine used by millions worldwide; it was reformulated in 2008, and around 10% of patients were badly affected. Poor communication and lack of professional information triggered public hysteria as a global wave of complaints about harmful side effects, including hair loss, weight gain, extreme fatigue, headaches, diarrhoea, and (...) heightened heart rates, flooded the media. Israeli Eltroxin users (around 250 thousand people) were similarly unaware. Following many media reports and ministerial regulations, a high-profile consumer class action was launched against Perrigo, the distributor. Ten years of court proceedings culminated in a compensation settlement of approximately US$ 14 million. This relatively low sum covered the injuries of those patients who were physically affected; compensation for standalone autonomy injuries to all patients (who were denied information about changes to their life-sustaining medicine) was refused. The monetary settlement and court decision were hugely disappointing to the class plaintiffs, and a negative signal was sent to the proponents of consumers' and patients' personal autonomy. However, the class action still marked a positive change in pharmaceutical protocols for relations between health authorities, commercial pharmacy entities, and patients/consumers as seen by the proactive communication around a subsequent Eltroxin reformulation in 2020 in Israel, Europe, and South Africa (Aspen Pharmacare, 2020).1 This paper highlights the vast potential value of consumer class action proceedings, and pharmaceutical consumer (patient) class actions in particular, for public welfare and private autonomy. The paper will explain leading Israeli case law related to consumer autonomy protection in tort law and will argue that this law still holds the unique protection of autonomy as a basic human right and accordingly recognises harm to autonomy as a viable form of damage. Additionally, it illustrates why and how consumer protection class actions are an important tool for protection of human rights in general and of patients' rights in particular. (shrink)

Medical professionals providing humanitarian aid in times of crisis face complicated ethical and clinical challenges. Today, humanitarian aid is given in accordance with existing guidelines developed by international humanitarian organizations and defined by international law. This paper considers the ethical aspects and frameworks of an atypical humanitarian project, namely one that provides medical support through an Israeli civilian hospital to Syrian Civil War casualties. We explore new ethical questions in this unique situation that pose a serious challenge for the medical (...) community and conventional ethical norms, a challenge Israeli medical staff meet on a daily basis. Before discussing the ethical challenges, we give a description of the project and its unique status. (shrink)

On one standard reading, Plato's works contain at least two distinct views about the structure of the human soul. According to the first, there is a crucial unity to human psychology: there is a dominant faculty that is capable of controlling attention and behaviour in a way that not only produces right action, but also ‘silences’ inclinations to the contrary—at least in idealized circumstances. According to the second, the human soul contains multiple autonomous parts, and although one of them, reason, (...) normatively dominates the others, it may fail to do so descriptively: even in the face of full, explicit, well‐reasoned, conscious awareness of the truth of a claim, a person may continue to feel residual inclinations towards disavowed, inappropriate and misguided experiences and courses of action. In this paper, I will argue that even the second of these views does not fully capture the ways in which reflective commitment fails to guide human action. Whereas the traditional multi‐part soul view is well suited to explaining phenomena that involve a cognitive conflict between our reflective attitudes and our non‐reflective endorsements, it falls short when we turn to the full array of human patterns of response, because it neglects a further source of challenge to reason's rule, namely, the mediation of associative and heuristic processes. These processes introduce complications for which the simple faculty psychology view cannot adequately account. Because they produce challenges to reason's rule that are phenomenologically invisible, traditional strategies for self‐regulation cannot be straightforwardly applied to their management. (shrink)

The capacity to represent things to ourselves as possible plays a crucial role both in everyday thinking and in philosophical reasoning; this volume offers much-needed philosophical illumination of conceivability, possibility, and the relations between them.

Say that space is ‘gunky’ if every part of space has a proper part. Traditional theories of gunk, dating back to the work of Whitehead in the early part of last century, modeled space in the Boolean algebra of regular closed subsets of Euclidean space. More recently a complaint was brought against that tradition in Arntzenius and Russell : Lebesgue measure is not even finitely additive over the algebra, and there is no countably additive measure on the algebra. Arntzenius advocated (...) modeling gunk in measure algebras instead—in particular, in the algebra of Borel subsets of Euclidean space, modulo sets of Lebesgue measure zero. But while this algebra carries a natural, countably additive measure, it has some unattractive topological features. In this paper, we show how to construct a model of gunk that has both nice rudimentary measure-theoretic and topological properties. We then show that in modeling gunk in this way we can distinguish between finite dimensions, and that nothing in lost in terms of our ability to identify points as locations in space. (shrink)

There is a puzzle in the very notion of passive motivation ("passion" or "inclination"). To be motivated is not simply to be moved from the outside. Motivation is in some sense self-movement. But how can an agent be passive with respect to her own motivation? How is passive motivation possible? In this paper I defend the ancient view that inclination stems from a motivational source independent of reason, a motivational source that is both agential and nonrational.

In this paper I try to undermine complacency with a predominant conception of desire, for the sake of refocusing attention on a philosophical problem. The predominant conception holds that to have a desire is to occupy an evaluative outlook, a perspective from which the agent 'sees' the world in practically salient terms. I argue that it is not clear what this theory is a theory of, because the concept of desire at its center is deeply ambiguous. Understood as a theory (...) of desire in what I call the "placeholder" sense, the evaluative outlook theory is at bottom a theory of action explanation. So construed, its claim is relatively uncontroversial, and falls far short of being a full theory of action explanation. Understood as a theory of desire in what I call the "substantive" sense, it does not even go so far as to acknowledge the central problem such a theory has to answer. That problem is how we can be passive (in a particular sense) with respect to our own motivation. (shrink)

"Expanding the Palace of Torah" offers a broad philosophical overview of the challenges the women's revolution poses to Orthodox Judaism, and Orthodox Judaism's response to those challenges.

Feeling like doing something is not the same as deciding to do it. When you feel like doing something, you are still free to decide to do it or not. You are having an inclination to do it, but you are not thereby determined to do it. I call this the moment of drama. This book is about what you are faced with, in this moment. How should you relate to the inclinations you “have,” given that you are free to (...) “act on” them or not? To answer this question, we need an account of what sort of thing we are relating to, in this moment. But here we find a genuine philosophical problem. Our inclinations are forms of motivation, with respect to which we are distinctively passive. To be motivated is to be self-moved. But how can we be passive in relation to our own self-movement? Is our relation to our inclinations like that of rider to horse? Or is it like our relation to our own, spontaneous judgments or perceptions? I lay out three constraints on any theory of inclination, and I argue that familiar theories fail to meet them, because they make being inclined to φ‎ too similar or dissimilar to φ‎-ing. I then put forward the “inner animal” view, which holds that when you are merely inclined to act, the instinctive part of yourself is already active, while the rest of you is not. In this moment, your will is “at a crossroads.” You can humanize your inclination, or dehumanize yourself. (shrink)

Antibiotic resistance poses an urgent public health risk. High rates of ABR have been noted in all regions of the globe by the World Health Organization. ABR develops when bacteria are exposed to antibiotics either during treatments in humans or animals or through environmental sources contaminated with antibiotic residues. Spread beyond those administered antibiotics occurs through direct contact with the infected or colonized person or animal, through contact or ingestion of retail meat or agricultural products contaminated with ABR organisms, or (...) through the environment. ABR bacteria spread from individuals to populations and across countries. (shrink)

The problem of imaginative resistance holds interest for aestheticians, literary theorists, ethicists, philosophers of mind, and epistemologists. We present a somewhat opinionated overview of the philosophical discussion to date. We begin by introducing the phenomenon of imaginative resistance. We then review existing responses to the problem, giving special attention to recent research directions. Finally, we consider the philosophical significance that imaginative resistance has—or, at least, is alleged to have—for issues in moral psychology, theories of cognitive architecture, and modal epistemology.

In this entry we give an overview of the search for the neural correlates of consciousness (NCCs). We begin with a discussion of the conceptual complexities of defining the notion of an NCC. We then discuss some of the experimental approaches used to empirically investigate the NCCs. We then consider some competing views of NCCs. Finally, we consider how the competing views of NCCs bear on different theories of consciousness. We focus on the methodological and theoretical challenges facing this line (...) of research. (shrink)

Contemplating imaginary scenarios that evoke certain sorts of quasi‐sensory intuitions may bring us to new beliefs about contingent features of the natural world. These beliefs may be produced quasi‐observationally; the presence of a mental image may play a crucial cognitive role in the formation of the belief in question. And this albeit fallible quasi‐observational belief‐forming mechanism may, in certain contexts, be sufficiently reliable to count as a source of justification. This sheds light on the central puzzle surrounding scientific thought experiment, (...) which is how contemplation of an imaginary scenario can lead to new knowledge about contingent features of the natural world. (shrink)

I introduce and argue for the importance of a cognitive state that I call alief. An alief is, to a reasonable approximation, an innate or habitual propensity to respond to an apparent stimulus in a particular way. Recognizing the role that alief plays in our cognitive repertoire provides a framework for understanding reactions that are governed by nonconscious or automatic mechanisms, which in turn brings into proper relief the role played by reactions that are subject to conscious regulation and deliberate (...) control. (shrink)

In this paper I defend Kant’s Incorporation Thesis, which holds that we must “incorporate” our incentives into our maxims if we are to act on them. I see this as a thesis about what is necessary for a human being to make the transition from ‘having a desire’ to ‘acting on it’. As such, I consider the widely held view that ‘having a desire’ involves being focused on the world, and not on ourselves or on the desire. I try to (...) show how this view is connected with a denial of any deep distinction between reason and inclination. I then argue for an alternative view of what ‘having a desire’ involves, one according to which it involves being focused both on the world and on ourselves. I show how this view fits naturally with the Kantian distinction between reason and inclination, accounts for independent intuitions about ‘having a desire’, and supports the Incorporation Thesis. I then make some further suggestions about how we might conceive of the object of incorporation. (shrink)

The aim of this article is to expand the diet of examples considered in philosophical discussions of imagination and pretense, and to offer some preliminary observations about what we might learn about the nature of imagination as a result. The article presents a number of cases involving imaginative contagion: cases where merely imagining or pretending that P has effects that we would expect only perceiving or believing that P to have. Examples are offered that involve visual imagery, motor imagery, fictional (...) emotions, and social priming. It is suggested that imaginative contagion is a more prevalent phenomenon than has typically been recognized. (shrink)

The “paradox of fictional emotions” involves a trio of claims that are jointly inconsistent but individually plausible. Resolution of the paradox thus requires that we deny at least one of these plausible claims. The paradox has been formulated in various ways, but for the purposes of this chapter, we will focus on the following three claims, which we will refer to respectively as the Response Condition, the Belief Condition and the Coordination Condition.

Self-tracking devices point to a future in which individuals will be more involved in the management of their health and will generate data that will benefit clinical decision making and research. They have thus attracted enthusiasm from medical and public health professionals as key players in the move toward participatory and personalized healthcare. Critics, however, have begun to articulate a number of broader societal and ethical concerns regarding self-tracking, foregrounding their disciplining, and disempowering effects. This paper has two aims: first, (...) to analyze some of the key promises and concerns that inform this polarized debate. I argue that far from being solely about health outcomes, this debate is very much about fundamental values that are at stake in the move toward personalized healthcare, namely, the values of autonomy, solidarity, and authenticity. The second aim is to provide a framework within which an alternative approach to self-tracking for health can be developed. I suggest that a practice-based approach, which studies how values are enacted in specific practices, can open the way for a new set of theoretical questions. In the last part of the paper, I sketch out how this can work by describing various enactments of autonomy, solidarity, and authenticity among self-trackers in the Quantified Self community. These examples show that shifting attention to practices can render visible alternative and sometimes unexpected enactments of values. Insofar as these may challenge both the promises and concerns in the debate on self-tracking for health, they can lay the groundwork for new conceptual interventions in future research. (shrink)

Kamphof offers an illuminating depiction of the technological mediation of morality. Her case serves as the basis for a plea for modesty up and against the somewhat heroic conceptualizations of techno-moral change to date—less logos, less autos, more practice, more relationality. Rather than a displacement of these conceptualizations, I question whether Kamphof’s art of living offers only a different perspective: in scale, and in unit of analysis. As a supplement and not an alternative, this modest art has nonetheless audacious implications (...) for the ethics of surveillance. (shrink)

Liberal defences of nationalism have become prevalent since the mid-1980 s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached (...) the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as liberal nationalism . The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims. (shrink)

This book offers a novel analysis of the widely-used but ill-understood technique of thought experiment. The author argues that the powers and limits of this methodology can be traced to the fact that when the contemplation of an imaginary scenario brings us to new knowledge, it does so by forcing us to make sense of exceptional cases.

Through careful analysis of a specific example, Parfit’s ‘fission argument’ for the unimportance of personal identity, I argue that our judgements concerning imaginary scenarios are likely to be unreliable when the scenarios involve disruptions of certain contingent correlations. Parfit’s argument depends on our hypothesizing away a number of facts which play a central role in our understanding and employment of the very concept under investigation; as a result, it fails to establish what Parfit claims, namely, that identity is not what (...) matters. I argue that Parfit’s conclusion can be blocked without denying that he has presented an imaginary case where prudential concern would be rational in the absence of identity. My analysis depends on the recognition that the features that explain or justify a relation may be distinct from the features that underpin it as necessary conditions. (shrink)

Since the outbreak of COVID-19, governments have turned their attention to digital contact tracing. In many countries, public debate has focused on the risks this technology poses to privacy, with advocates and experts sounding alarm bells about surveillance and mission creep reminiscent of the post 9/11 era. Yet, when Apple and Google launched their contact tracing API in April 2020, some of the world’s leading privacy experts applauded this initiative for its privacy-preserving technical specifications. In an interesting twist, the tech (...) giants came to be portrayed as greater champions of privacy than some democratic governments. This article proposes to view the Apple/Google API in terms of a broader phenomenon whereby tech corporations are encroaching into ever new spheres of social life. From this perspective, the advantage these actors have accrued in the sphere of the production of digital goods provides them with access to the spheres of health and medicine, and more worrisome, to the sphere of politics. These sphere transgressions raise numerous risks that are not captured by the focus on privacy harms. Namely, a crowding out of essential spherical expertise, new dependencies on corporate actors for the delivery of essential, public goods, the shaping of public policy by non-representative, private actors and ultimately, the accumulation of decision-making power across multiple spheres. While privacy is certainly an important value, its centrality in the debate on digital contact tracing may blind us to these broader societal harms and unwittingly pave the way for ever more sphere transgressions. (shrink)

The utilitarian conception, which I call “action as production,” holds that action is a way of making use of the world, conceived as a causal mechanism. According to the rational intuitionist conception, which I call “action as assertion,” action is a way of acknowledging the value in the world, conceived as a realm of status. On the Kantian constructivist conception, which I call “action as participation,” action is a way of making the world, qua causal mechanism, come to count as (...) a realm of status. My rather limited aim in this paper is to identify three substantively different answers the question of how action relates an agent to the world, regarded as a context of action. (shrink)

Both concepts of the holobiont and the immune system are at the heart of an ongoing scientific and philosophical examination concerning questions of the organism’s individuality and identity as well as the relations between organisms and their environment. Examining the holobiont, the question of boundaries and individuality is challenging because it is both an assemblage of organisms with physiological cohesive aspects. I discuss the concept of immunity and the immune system function from the holobiont perspective. Because of the host-microbial close (...) relations of codependence and interdependence, the holobiont is more often than not confused with the host, as the host is the domain in which this entity exists. I discuss the holobiont unique ecological characteristics of microbial assemblages connected to a host in a network of interactions in which the host is one of the organisms in the community but also its landscape. Therefore, I suggest viewing the holobiont as a host-ecosystem and discuss the implication of such a view on the concept of immunity and the meaning of protection. Furthermore, I show that viewing the holobiont as a host ecosystem opens the possibility of using the same ecological definition of boundaries and immunity dealing with an ecological system. Thus, the holobiont’s boundaries and immunity are defined by the persistence of its complex system of interactions integrating existing and new interactions. This way of thinking presents a notion of immunity that materializes as the result of the complex interdependence relations between the different organisms composing the holobiont similar to that of an ecosystem. Taking this view further, I discuss the notion of immunogenicity that is ontologically heterogeneous with various causal explanations of the processes of tolerance and targeted immune response. Finally, I discuss the possible conceptualization of already existing and new biomedical practices. (shrink)

By carefully examining one of the most famous thought experiments in the history of science—that by which Galileo is said to have refuted the Aristotelian theory that heavier bodies fall faster than lighter ones—I attempt to show that thought experiments play a distinctive role in scientific inquiry. Reasoning about particular entities within the context of an imaginary scenario can lead to rationally justified concluusions that—given the same initial information—would not be rationally justifiable on the basis of a straightforward argument.

The Human Animal is an extended defense of what its author calls the Biological Approach to personal identity: that you and I are human animals, and that the identity conditions under which we endure are those which apply to us as biological organisms. The somewhat surprising corollary of this view is that no sort of psychological continuity is either necessary or sufficient for a human animal—and thus for us—to persist through time. In challenging the hegemony of Psychological Approaches to personal (...) identity, Olson offers a number of inventive and original arguments which are certain to evoke discussion and debate. (shrink)