This article examines the complaint that arbitrary algorithmic decisions wrong those whom they affect. It makes three contributions. First, it provides an analysis of what arbitrariness means in this context. Second, it argues that arbitrariness is not of moral concern except when special circumstances apply. However, when the same algorithm or different algorithms based on the same data are used in multiple contexts, a person may be arbitrarily excluded from a broad range of opportunities. The third contribution is to explain (...) why this systemic exclusion is of moral concern and to offer a solution to address it. (shrink)

This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The Anti-Compounding Injustice principle or aci. Compounding injustice and the aci principle are likely to be relevant when analyzing the moral issues raised by “big data” and its combination with the computational power of machine learning and artificial intelligence. Past injustice can infect the data used in algorithmic decisions in two distinct ways. Sometimes prior (...) injustice undermines the accuracy of the data itself. In these contexts, improving accuracy will also help to avoid compounding injustice. Other times, past injustice produces real-world differences among people with regard to skills, health, wealth, and other traits that employers, lenders, and others seek to measure. When decisions are based on accurate data that itself results from prior injustice, these decisions can also compound injustice. This second dynamic has received less attention than the first but is especially important because improving the accuracy of data will not mitigate this unfairness. (shrink)

Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.

Willful blindness is not an appropriate substitute for knowledge in crimes that require a mens rea of knowledge because an actor who contrives his own ignorance is only sometimes as culpable as a knowing actor. This paper begins with the assumption that the classic willfully blind actor—the drug courier—is culpable. If so, any plausible account of willful blindness must provide criteria that find this actor culpable. This paper then offers two limiting cases: a criminal defense lawyer defending a client he (...) suspects of perjury and a pain doctor who suspects his patient may be lying about her pain. The paper argues that each of these actors is justified in cultivating ignorance about his client’s or patient’s truthfulness. If this is right, then a good theory of willful blindness must distinguish these cases. The article argues that neither Husak & Callender’s motivation-based account of willful blindness nor the recklessness account is able to do so. The paper proposes the following alternative: contrived ignorance constitutes culpable blindness when the decision to remain blind or to cultivate blindness is not itself justified. This Justification approach meshes with our intuitions about willfully blind drug couriers as well as willfully blind lawyers and doctors. (shrink)

Clinical research employing the randomized clinical trial has, traditionally, been understood to pose an ethical dilemma. On the one hand, each patient ought to get the treatment that best meets her needs, as judged by the patient in consultation with her doctor. On the other hand, the method most helpful to advancing our understanding about what treatments are indeed best able to meet patient needs is the randomized trial, which necessitates that each patient's care is decided not by physician judgment (...) or patient choice but instead by random assignment. The tension can be described as a conflict between the interests of individual patients who are sick today, and the interests of the group of people who will become sick in the future and would benefit from advances in medical understanding. How one ought to balance these important and often competing interests is an important ethical question that resists easy resolution. (shrink)

Clinical research employing the randomized clinical trial has, traditionally, been understood to pose an ethical dilemma. On the one hand, each patient ought to get the treatment that best meets her needs, as judged by the patient in consultation with her doctor. On the other hand, the method most helpful to advancing our understanding about what treatments are indeed best able to meet patient needs is the randomized trial, which necessitates that each patient's care is decided not by physician judgment (...) or patient choice but instead by random assignment. The tension can be described as a conflict between the interests of individual patients who are sick today, and the interests of the group of people who will become sick in the future and would benefit from advances in medical understanding. How one ought to balance these important and often competing interests is an important ethical question that resists easy resolution. (shrink)

In Faces of Inequality, Sophia Moreau offers an intricate and nuanced account of the wrong of discrimination that is grounded in the real-world complaints of people who have been the victims of dis...

Bribery is an agreement to exchange something of value for an official act. According to the dominant view, bribery is wrong because this agreement violates the professional or positional duties of the official. This chapter argues that this duty-based account is flawed. Instead, the author argues that the key features of bribery, as compared to other sorts of exchanges, reside in the fact that goods or services of different types are exchanged.

When a doctor writes prescriptions in his office, following consultation with a patient, and receives no compensation other than the normal fee for service, can this still be drug trafficking? Recent courtjudgments have emphatically held that it can, but in so doing courts wrongly impose criminal liability on doctors for trusting patients.

The essays in this volume apply philosophical analysis to address three kinds of questions: What are the implications of genetic science for our understanding of nature? What might it influence in our conception of human nature? What challenges does genetic science pose for specific issues of private conduct or public policy?

In summary, Hellman’s book is well worth reading. It is powerful, well-written, and interesting and explains much of the prominent case law on discrimination. Her theory, however, is false because her explanation of wrongful discrimination fails to track a wrong-making feature. Her theory does not focus on a right-infringement in or unfair treatment of the person whom is discriminated against. It also does not focus on an incorrect attitude in the person who discriminates. These intuitively seem to exhaust the (...) reasons that make an act wrong because it wrongs someone. Her account of wrongful discrimination fails to identify the correct wrong-making feature. (shrink)

Critics of clinical equipoise have long argued that it represents an overly permissive, and therefore morally unacceptable, mechanism for resolving the tensions inherent in clinical research. In particular, the equipoise requirement is often attacked on the grounds that it is not sufficiently responsive to the interests of individual patients. In this paper, we outline a view of equipoise that not only withstands a stronger version of this objection, which was recently articulated by Deborah Hellman, but also plays important (...) roles in clarifying the discussion. (shrink)

Recent studies have shown that recidivism scoring algorithms like COMPAS have significant racial bias: Black defendants are roughly twice as likely as white defendants to be mistakenly classified as medium- or high-risk. This has led some to call for abolishing COMPAS. But many others have argued that algorithms should instead be given access to a defendant's race, which, perhaps counterintuitively, is likely to improve outcomes. This approach can involve either establishing race-sensitive risk thresholds, or distinct racial ‘tracks’. Is there a (...) moral difference between these two approaches? We first consider Deborah Hellman's view that the use of distinct racial tracks (but not distinct thresholds) does not constitute disparate treatment since the effects on individuals are indirect and does not rely on a racial generalization. We argue that this is mistaken: the use of different racial tracks seems both to have direct effects on and to rely on a racial generalization. We then offer an alternative understanding of the distinction between these two approaches—namely, that the use of different cut points is to the counterfactual comparative disadvantage, ex ante, of all white defendants, while the use of different racial tracks can in principle be to the advantage of all groups, though some defendants in both groups will fare worse. Does this mean that the use of cut points is impermissible? Ultimately, we argue, while there are reasons to be skeptical of the use of distinct cut points, it is an open question whether these reasons suffice to make a difference to their moral permissibility. (shrink)

Courts commonly allow willful ignorance to satisfy the knowledge element of a crime. The traditional rationale for this doctrine is that willfully ignorant misconduct is just as culpable as knowing misconduct. But it is not obvious that this “equal culpability thesis” holds across the board. Is it true in all cases of willful ignorance or only some? This is the question I investigate here. -/- Specifically, I argue against several common versions of the equal culpability thesis before defending my own (...) restricted version. First, I argue that the broadest version of the thesis, adopted by many courts, is overinclusive. Then I argue against several restricted versions of the thesis offered by legal theorists including Doug Husak, David Luban, and Deborah Hellman. My own account, by contrast, is premised on a duty of reasonable investigation. If my account is on the right track, the widely employed willful ignorance doctrine stands in need of reform. (shrink)

In a series of excellent, recent papers, Deborah Hellman expounds the intuitively appealing idea that we have a duty not to compound injustice. Roughly, one compounds injustice when facts that obtain as a result of prior injustice form part of one’s reason for imposing further disadvantages on the victims of this prior injustice. This article identifies several complexities and problems motivating various amendments to Hellman’s formulation of the duty not to compound injustice. Critically, it argues that the (...) intuitions she and others have sought to explain in terms of the duty not to compound injustice are better explained by the duty not to cause additional harm to people who are already unjustly worse off – perhaps in conjunction with a duty not to implicate ourselves in injustice. (shrink)

It has been suggested that states have no right to directly discriminate against would-be immigrants on grounds of race or sex. However, while the discourse on cases of wrongful discrimination has largely focused on discrimination on grounds of gender, race, and sexual orientation, states frequently engage in discrimination of a different kind when it comes to admissions and naturalisation policies. It is assumed that the anti-discrimination principle does not include cases of talent-based discrimination, and that these fall well within the (...) rights of states. I wish to suggest, to the contrary, that selecting immigrants on the basis of talent is a form of wrongful discrimination. First, with reference to Deborah Hellman’s expressive theory of discrimination, I explain what is wrongful about particular forms of state discrimination between would-be migrants. Next, I tackle the issue of immigrant selection on grounds of talent, which I refer to as ‘talent-based selection’. Unlike gender or race-based selection, it is generally not regarded as wrongful discrimination, for the reason that it does not express disrespect in the same way that sexist or racist selection criteria does. I argue that this assumption is mistaken, as talent-based discrimination does involve the expression of disrespect. In the present context, it has the expressive effect of reproducing demeaning stereotypes about low-skilled foreigners. Finally, I anticipate four objections to my conclusion. (shrink)

This article develops a theory of indirect discrimination by analyzing a series of lawsuits that challenged hospital relocations in the 1970s. In these cases, civil rights groups argued that the relocation of hospitals from cities to suburbs was a form of racial discrimination. Although these lawsuits failed, I aim to support the plaintiffs' arguments that the hospital relocations were discriminatory. Drawing on three recent theories – those of Benjamin Eidelson, Deborah Hellman, and Sophia Moreau – I develop an (...) account of indirect discrimination that is rooted in resource-specific equality rights such as those found in international human rights law. Building on this account, I argue that the human right to health equity can explain why the hospital relocations were discriminatory. (shrink)

According to US law, insurance companies can lawfully differentiate individual health insurance premiums on the basis of non-genetic medical information, but not on the basis of genetic information. The article reviews the case for such genetic exceptionalism. First, I critically assess some standard justifications. Next, I scrutinize an argument appealing to the view that genetically based premium differentiation expresses that persons do not all merit equal concern and respect. In the final section, I argue that even if genetic exceptionalism is (...) unjustified, there is a forceful luck egalitarian argument against basing premiums on genetic risks, to wit, that this tends to make some individuals worse off than others as a result of the bad brute luck involved in having a genetically determined, above-average risk of developing health problems. (shrink)

Recent technical developments in the logic of nominalism make it possible to improve and extend significantly the approach to mathematics developed in Mathematics without Numbers. After reviewing the intuitive ideas behind structuralism in general, the modal-structuralist approach as potentially class-free is contrasted broadly with other leading approaches. The machinery of nominalistic ordered pairing (Burgess-Hazen-Lewis) and plural quantification (Boolos) can then be utilized to extend the core systems of modal-structural arithmetic and analysis respectively to full, classical, polyadic third- and fourthorder number (...) theory. The mathenatics of many structures of central importance in functional analysis, measure theory, and topology can be recovered within essentially these frameworks. (shrink)

Develops a structuralist understanding of mathematics, as an alternative to set- or type-theoretic foundations, that respects classical mathematical truth while ...

The ArgumentThis paper sets out a framework for understanding how the scientific community constructs computer simulation as an epistemically and pragmatically useful methodology. The framework is based on comparisons between simulation and the loosely-defined categories of “theoretical work” and “experimental work.” Within that framework, the epistemological adequacy of simulation arises from its role as a mathematical manipulation of a complex, abstract theoretical model. To establish that adequacy demands a detailed “theoretical” grasp of the internal structure of the computer program. Simultaneously, (...) the pragmatic usefulness of simulation arises from its role as a “virtual laboratory.” That role is made possible by black-boxing the internal structure of the program, such that the scientist can interact with the computer in an intuitive, “experimental” manner. Thus simulation is rendered authoritative, opening up encoded theories to a novel, “experimental” type of manipulation. (shrink)

We develop a point-free construction of the classical one- dimensional continuum, with an interval structure based on mereology and either a weak set theory or logic of plural quantification. In some respects this realizes ideas going back to Aristotle,although, unlike Aristotle, we make free use of classical "actual infinity". Also, in contrast to intuitionistic, Bishop, and smooth infinitesimal analysis, we follow classical analysis in allowing partitioning of our "gunky line" into mutually exclusive and exhaustive disjoint parts, thereby demonstrating the independence (...) of "indecomposability" from a non-punctiform conception. It is surprising that such simple axioms as ours already imply the Archimedean property and that they determine an isomorphism with the Dedekind-Cantor structure of R as a complete, separable, ordered field. We also present some simple topological models of our system, establishing consistency relative to classical analysis. Finally, after describing how to nominalize our theory, we close with comparisons with earlier efforts related to our own. (shrink)

Standard proofs of generalized Bell theorems, aiming to restrict stochastic, local hidden-variable theories for quantum correlation phenomena, employ as a locality condition the requirement of conditional stochastic independence. The connection between this and the no-superluminary-action requirement of the special theory of relativity has been a topic of controversy. In this paper, we introduce an alternative locality condition for stochastic theories, framed in terms of the models of such a theory (§2). It is a natural generalization of a light-cone determination condition (...) that is essentially equivalent to mathematical conditions that have been used to derive Bell inequalities in the deterministic case. Further, it is roughly equivalent to a condition proposed by Bell that, in one investigation, needed to be supplemented with a much stronger assumption in order to yield an inequality violated by some quantum mechanical predictions. It is shown here that this reflects a very general situation: from the proposed locality condition, even adding the strict anticorrelation condition and the auxiliary hypotheses needed to derive experimentally useful (and theoretically telling) inequalities, no Bell-type inequality is derivable. (These independence claims are the burden of §4.) A certain limitation on the scope of the proposed stochastic locality condition is exposed (§5), but it is found to be rather minor. The conclusion is thus supported that conditional stochastic independence, however reasonable on other grounds, is essentially stronger than what is required by the special theory.Our results stand in apparent contradiction with a class of derivations purporting to obtain generalized Bell inequalities from locality alone. It is shown in Appendix (B) that such proofs do not achieve their goal. This fits with our conclusion that generalized Bell theorems are not straightforward generalizations of theorems restricting deterministic hidden-variable theories, and that, in fact, such generalizations do not exist. This leaves open the possibility that a satisfactory, non-deterministic account of the quantum correlation phenomena can be given within the framework of the special theory. (shrink)

A remarkable development in twentieth-century mathematics is smooth infinitesimal analysis ('SIA'), introducing nilsquare and nilpotent infinitesimals, recovering the bulk of scientifically applicable classical analysis ('CA') without resort to the method of limits. Formally, however, unlike Robinsonian 'nonstandard analysis', SIA conflicts with CA, deriving, e.g., 'not every quantity is either = 0 or not = 0.' Internally, consistency is maintained by using intuitionistic logic (without the law of excluded middle). This paper examines problems of interpretation resulting from this 'change of logic', (...) arguing that standard arguments based on 'smoothness' requirements are question-begging. Instead, it is suggested that recent philosophical work on the logic of vagueness is relevant, especially in the context of a Hilbertian structuralist view of mathematical axioms (as implicitly defining structures of interest). The relevance of both topos models for SIA and modal-structuralism as appled to this theory is clarified, sustaining this remarkable instance of mathematical pluralism. (shrink)

After briefly reviewing the standard set-theoretic resolutions of the Burali-Forti paradox, we examine how the paradox arises in set theory formalized with plural quantifiers. A significant choice emerges between the desirable unrestricted availability of ordinals to represent well-orderings and the sensibility of attempting to refer to ‘absolutely all ordinals’ or ‘absolutely all well-orderings’. This choice is obscured by standard set theories, which rely on type distinctions which are obliterated in the setting with plurals. Zermelo's attempt ( 1930 ) to secure (...) ordinal representability of arbitrary well-orderings through relativization of quantification to set-theoretic models is reviewed and found wanting. The natural modal-structural recasting provides, it is claimed, a good repair. (shrink)

To what extent can constructive mathematics based on intuitionistc logic recover the mathematics needed for spacetime physics? Certain aspects of this important question are examined, both technical and philosophical. On the technical side, order, connectivity, and extremization properties of the continuum are reviewed, and attention is called to certain striking results concerning causal structure in General Relativity Theory, in particular the singularity theorems of Hawking and Penrose. As they stand, these results appear to elude constructivization. On the philosophical side, it (...) is argued that any mentalist-based radical constructivism suffers from a kind of neo-Kantian apriorism. It would be at best a lucky accident if objective spacetime structure mirrored mentalist mathematics. the latter would seem implicitly committed to a Leibnizian relationist view of spacetime, but is it doubtful if implementation of such a view would overcome the objection. As a result, an anti-realist view of physics seems forced on the radical constructivist. (shrink)

We list, with discussions, various principles of scientific realism, in order to exhibit their diversity and to emphasize certain serious problems of formulation. Ontological and epistemological principles are distinguished. Within the former category, some framed in semantic terms (truth, reference) serve their purpose vis-a-vis instrumentalism (Part 1). They fail, however, to distinguish the realist from a wide variety of (constructional) empiricists. Part 2 seeks purely ontological formulations, so devised that the empiricist cannot reconstruct them from within. The main task here (...) is to characterize "independence of mind". A pair of notions, "physical invariance" and "anti-determination", seem to work. They enable us to assess anew "the problem of constructing the physical out of the phenomenal" (yielding certain clarifications demanded by Goodman). Modern cosmology, especially, is seen to present insuperable obstacles to such empiricist approaches to science. The final section on epistemological principles reveals a morass better avoided in favor of an elementary claim about perception, together with a rejection of any absolute observation/theory dichotomy. Finally, a positive, realist notion of "observable-in-principle" is sketched, and it is suggested that, from the perspective of relativistic cosmology, even this defines no boundary to potential knowledge. (shrink)

This paper explores strengths and limitations of both predicativism and nominalism, especially in connection with the problem of characterizing the continuum. Although the natural number structure can be recovered predicatively (despite appearances), no predicative system can characterize even the full predicative continuum which the classicist can recognize. It is shown, however, that the classical second-order theory of continua (third-order number theory) can be recovered nominalistically, by synthesizing mereology, plural quantification, and a modal-structured approach with essentially just the assumption that an (...) -sequence of concrete atoms be possible. Predicative flexible type theory may then be used to carry out virtually all of scientifically applicable mathematics in a natural way, still without ultimate need of the platonist ontology of classes and relations. (shrink)

Philosophical aesthetics emerges out of eighteenth-century discussions of taste that paid scant attention to the experience of tasting and ingesting food. Sarah Worth diagnoses this historical oversight and offers an unexpected remedy. She argues that we should start our analysis of aesthetic taste over again, this time beginning with the pleasures of the tongue and mouth, and work out from there to consider the kinds of experience, knowledge, and appreciation that belong to eating and savoring. As she argues, our ability (...) to make gustatory discriminations and to determine what tastes good and why is not as different from our aesthetic judgments as philosophers and other aesthetic theorists might have led us to believe. In this engaging and readable book, Worth persuasively argues that food and its many tastes deserve serious philosophical consideration.Worth explores a number of puzzles that arise when we try to make sense of the concept of taste. She disentangles the metaphorical sense of taste understood as a reasoned judgment expressing aesthetic preferences from the literal sense of taste which involves our sensory experiences when food is in our mouths. She discusses good and bad taste, food and pleasure, authentic and inauthentic food, “food porn”—those impossibly glamourized images of food that we find in advertising and magazines and cookbooks and social media—and the role of recipes in the practice of cooking. She places our everyday experiences of food in the context of wider relationships and activities including cultivation, harvesting, processing, shipping, and purchasing, as well as the preparation and cooking meals for family and friends. The book is punctuated by many of the usual philosophical suspects (Plato and Aristotle, Hume and Kant, Bullough and Sibley) as well as critical and feminist theorists, food sociologists, and a number of famous chefs including Fannie Farmer, Julie Child, and Nigella Lawson. If Worth endorses a particular metaphilosophy of food, it would be that of the Slow Food movement, which is the subject of Chapter Three. (shrink)

This paper explores the status of the von Neumann-Luders state transition rule (the "projection postulate") within "real-logic" quantum logic. The entire discussion proceeds from a reading of the Luders rule according to which, although idealized in applying only to "minimally disturbing" measurements, it nevertheless makes empirical claims and is not a purely mathematical theorem. An argument (due to Friedman and Putnam) is examined to the effect that QL has an explanatory advantage over Copenhagen and other interpretations which relativize truth-value assignments (...) to experimental arrangements. Two versions of QL, the lattice-theoretic (LT) and partial-Boolean-algebra (PBA), are considered. It turns out that the projection postulate is intimately connected with the choice of conditional connective for QL. The effect of the projection postulate is obtained with the Sasaki conditional. However, this choice is found to require extra assumptions, on both the LT and PBA versions, which are either just as ad hoc as the projection postulate itself or indefensible from within the real-logic QL framework. (shrink)