Many states offer generous provision of fertility treatment, but this article asks whether and how such state funding can be justified. I argue that, at most, there is limited justification for state funding of fertility treatment as one good among many that could enable citizens to pursue valuable life projects, but not one that should have the privileged access to funding it is currently given. I then consider and reject reasons one might think that fertility treatment has a special claim (...) to funding, over the other goods that might enable life projects. First, I deny that fertility treatment has a special claim to funding on the grounds that infertility is a disease or disability. Second, I argue that individuals do not have a right to assistance with the project of having a child of their own. Third, I deny that providing fertility treatment is a special case on the grounds that having children is good for society. However, there may be one exception: states have a reason to fund fertility treatment for same sex couples that does not apply to heterosexual couples. (shrink)

Uterus transplants provide another treatment for infertility. Some might think that we should embrace such transplants as one more way to assist people to have children. However, in this paper I argue that uterus transplants are not something that we ought to fund, nor something that we should make easy to access. First, I argue that any justification of providing uterus transplants must be based on the value of the experience of gestation, rather than on claims of meeting medical need (...) or promoting normal functioning. Second, I demonstrate that such a justification has limited prospects of success. The value of experiencing gestation is unlikely to be sufficient to justify state funding of uterus transplants and, further, we have reason to refrain from enabling such transplants. (shrink)

Political philosophy offers a range of utopian proposals, from open borders to global egalitarianism. Some object that these proposals ought to be constrained by what is feasible, while others insist that what justice demands does not depend on what we can bring about. Currently, this debate is mired in disputes over the fundamental nature of justice and the ultimate purpose of political philosophy. I take a different approach, proposing that we should consider which facts could fill out a feasibility requirement. (...) This search for the facts requires requires looking to the social sciences, but I argue that it turns out that the social sciences will not provide us with findings that rule out, nor even count against, the kinds of proposals that political philosophers actually make, whether ideal or non-ideal. At the least, to deny this requires adopting deeply controversial commitments within the philosophy of social science. Thus, I conclude that a feasibility requirement has little practical use for political philosophers. Disputes over that requirement ought to be replaced by other, more fruitful ways for political philosophers to address both the findings of social science and the debates over non-ideal theory or political realism. (shrink)

Emily McTernan argues against the state funding of infertility treatment.

In Cohen’s vision of the just society, there would be no need for unequalizing incentives so as to benefit the least well-off; instead, people would be motivated by an egalitarian ethos to work hard and in the most socially productive jobs. As such, Cohen appears to offer a way to mitigate the trade-off of equality for efficiency that often characterizes theorizing about distributive justice. This article presents an egalitarian challenge to Cohen’s vision of the just society. I argue that a (...) society where all internalized the egalitarian ethos would be one lacking equal respect among its members, in which certain groups lacked the grounds of self-respect. Section 1 defends equal respect and a form of equality of self-respect as values with broad-based appeal to egalitarians, and argues that a particular form of hierarchy would undermine both equal respect and the grounds of self-respect. Sections 2 and 3 reveal that just such a hierarchy would emerge in a society in which all had internalized the egalitarian ethos, in the case of both carers and the untalented. Thus, Cohen’s proposed society is shown to fail to unite equality and efficiency. Instead, Cohen’s society would be characterized by a lack of equality. (shrink)

It is widely conceded by liberals that institutions alone are insufficient to ensure that citizens behave in the ways required for a liberal state to flourish, be stable, or function at all. A popular solution proposes cultivating virtues in order to secure the desired behaviours of citizens, where institutions alone would not suffice. A range of virtues are proposed to fill a variety of purported gaps in the liberal political order. Some appeal to virtues in order to secure state stability; (...) Rawls, for instance, claims that ‘citizens must have a sense of justice and the political virtues that support political and social institutions’ in order to ensure an ‘enduring society’. For Galston, citizens must possess a range of virtues in order for the state to function, including the virtues of courage, independence, tolerance, willingness to engage in public discourse, and law-abidingness. (shrink)

People sometimes use speech to interfere with other people’s speech, as in the case of a heckler sabotaging a lecture with constant interjections. Some people claim that such interference infringes upon free speech. Against this view, we argue that where competing speakers in a public forum both have an interest in speaking, free speech principles should not automatically give priority to the ‘official’ speaker. Given the ideals underlying free speech, heckling speech sometimes deserves priority. But what can we say, then, (...) about situations in which heckling clearly seems to infringe upon people’s civil liberties, in a way that intuitively justifies intervention? In such cases, we argue, heckling infringes upon people’s associative freedom. We present and defend an ethical framework for the institutional management of ‘Speech Fights’, geared around this insight. (shrink)

There is something attractive about combining the values of equality and responsibility, even though the view most commonly associated with doing so, of luck egalitarianism, is beset with objections. This article hence proposes an alternative approach to being a responsibility-sensitive egalitarian: one grounded on our valuable social practices of responsibility, rather than on a desire to mitigate the influence of luck on people's prospects. First, I argue that this practice-based approach better captures the very reasons that responsibility is significant for (...) justice than does the prevalent approach among luck egalitarians: namely, the values of fairness, choice and respect. Second, I show that the remaining motivation of the luck egalitarian approach, of being ‘anti-luck’, is impoverished. I conclude by suggesting that this practice-based approach is better motivated and more palatable than existing forms of luck egalitarianism, even for those relational egalitarians who standardly criticise making egalitarianism responsibility-sensitive. (shrink)

To ban or significantly restrict visitors for patients in hospital could seem to be simply a sensible and easy precaution to take during a pandemic: a policy that is unpopular, perhaps, and even unfortunate, but not something that wrongs anyone. However, I argue that in fact such restrictions on visitors infringe upon a fundamental right, to freedom of association. While there may still be permissible restrictions on visitors, making the case for these becomes highly demanding. One common way to understand (...) the purpose of the fundamental liberties is as protecting us from interference in a core set of freedoms, even when such interference would be to our benefit or would promote the general good. This reframing of the importance of visitors in terms of a right also has implications for how to run hospitals beyond the pandemic era: it supports a rapid expansion of visitor access and suggests that any decision to significantly restrict visitors ought not be left in the hospital, or hospital trust’s, hands. (shrink)

This book aims to rehabilitate taking offence. In an era of public criticism of those deemed too easily offended, it is easy to overlook the significance and social value of this emotion. Offence, the book argues, is better understood as a way to defend one’s standing than as a mere expression of hurt feelings. The book defends the significance of offence as one way to resist everyday social inequalities: those details of interactions that, together, pattern social hierarchies. As a result, (...) the defence of offence is of that taken at apparently trivial and small-scale details of social interactions, and so the very form that its opponents find most objectionable. Within societies marred by hierarchies of unequal social standing, and when taken by those who face systematic attributions of lower social standing, an inclination to take offence is a civic virtue. First, this book offers an analysis of offence that depicts a distinctive emotion ripe for moral reappraisal. To take offence resists an affront to one’s social standing and is one way to negotiate the social norms and practices that structure social interactions, often in socially unequal ways. Second, the book defends the significance of our social standing, the cumulative importance of apparently small details of interactions, and offence as an act of insubordination against a social hierarchy. Third, it turns to the limits on when taking offence is justified, addressing jokes, unintentional affronts, disagreement over what counts as offensive, and what we should think of offence that is taken online. (shrink)

When someone is poised to fail to fulfil a moral duty, we can respond in a variety of ways. We might remind them of their duty, or seek to persuade them through argument. Or we might intervene forcibly to ensure that they act in accordance with their duty. Some duties appear to be such that the duty-bearer can be liable to forcible interference when this is necessary to ensure that they comply with them. We’ll call duties that carry such liabilities (...) enforcement-apt. Not all duties seem to be enforcement-apt. Some, for example, accept that a person in a monogamous marriage has a moral duty to refrain from infidelity, but deny that a spouse can be compelled to comply with their duty to be faithful without transgressing her rights. More controversially, some think that our duties to assist others in severe need are not enforcement-apt. What could explain the contrast between duties that are enforcement-apt while and those that are not? We’ll call this the puzzle of enforceability and our paper considers three broad strategies for responding to it. The first strategy takes the form of identifying some substantive feature or features that are necessary and/or sufficient for a duty to possess some enforcement status. We consider a range of candidate explanations of this sort but find that none are plausible. The second strategy rejects the idea that there are genuinely enforcement-inapt duties and instead seeks to explain why there can nonetheless be marked differences amongst duties concerning how they can be enforced and who can enforce them. We find that this strategy too is largely unsuccessful. The third strategy offered seeks an explanation of differences in enforcement status by appeal to the broader social costs of enforcing certain kinds of duties. We find that this approach holds some promise but note that it requires adopting a controversial set of moral commitments. We conclude by considering our options in the absence of a solution to our puzzle. (shrink)

Because idealizations frequently advance scientific understanding, many claim that falsehoods play an epistemic role. In this paper, we argue that these positions greatly overstate idealiza...

Under what conditions does machine learning (ML) model opacity inhibit the possibility of explaining and understanding phenomena? In this article, I argue that nonepistemic values give shape to the ML opacity problem even if we keep researcher interests fixed. Treating ML models as an instance of doing model-based science to explain and understand phenomena reveals that there is (i) an external opacity problem, where the presence of inductive risk imposes higher standards on externally validating models, and (ii) an internal opacity (...) problem, where greater inductive risk demands a higher level of transparency regarding the inferences the model makes. (shrink)

In this chapter, we address the roles that exemplars might play in a comprehensive response to epistemic injustice. Fricker defines epistemic injustices as harms people suffer specifically in their capacity as (potential) knowers. We focus on testimonial epistemic injustice, which occurs when someone’s assertoric speech acts are systematically met with either too little or too much credence by a biased audience. Fricker recommends a virtue­theoretic response: people who do not suffer from biases should try to maintain their disposition towards naive (...) testimonial justice, and those who find themselves already biased should cultivate corrective testimonial justice by systematically adjusting their credence in testimony up or down depending on whether they are hearing from someone whom they may be biased against or in favor of. We doubt that the prominent admiration­emulation model of exemplarism will be much use in this connection, so we propose two ways of learning from negative exemplars to better conduct one’s epistemic affairs. In the admiration­emulation model, both the identification of what a virtue is and the cultivation of virtues identified thusly proceed through the admiration of virtuous exemplars. We show that this model has serious flaws and argue for two alternatives: the envy­agonism model and the ambivalence­avoidance model. (shrink)

Medical ethics assumes a clear boundary between clinical research and clinical medicine: one produces knowledge for the benefit of future patients, while the other provides optimal care to individuals right now. It also assumes that the two cannot be integrated without sacrificing the needs of the current patient to those of future patients. But integration could allow us to provide better care to everyone, now and in the future.

Trust makes cooperation possible. It enables us to learn from others and at a distance. It makes democratic deliberation possible. But it also makes us vulnerable: when we place our trust in another’s word, we are liable to be deceived—sometimes intentionally, sometimes unintentionally. Our evolved mechanisms for deciding whom to trust and whom to distrust mostly rely on face-to-face interactions with people whose reputation we can both access and influence. Online, these mechanisms are largely useless, and the institutions that might (...) supplant them need to have their own trustworthiness verified. Currently, those institutions are mostly corporations such as Facebook and Twitter, which have checkered track records at best. To make matters worse, the social media sector is a natural monopoly, and companies like Facebook have shown that they are willing to use their market power unscrupulously. For these reasons, we argue that social media should be treated like other natural monopolies: it should either be nationalized, highly regulated, or broken up through antitrust legal actions. (shrink)

Payment to recruit research subjects is a common practice but raises ethical concerns relating to the potential for coercion or undue influence. We conducted the first national study of IRB members and human subjects protection professionals to explore attitudes as to whether and why payment of research participants constitutes coercion or undue influence. Upon critical evaluation of the cogency of ethical concerns regarding payment, as reflected in our survey results, we found expansive or inconsistent views about coercion and undue influence (...) that may interfere with valuable research. In particular, respondents appear to believe that coercion and undue influence lie on a continuum; by contrast, we argue that they are wholly distinct: whereas undue influence is a cognitive distortion relating to assessment of risks and benefits, coercion is a threat of harm. Because payment is an offer, rather than a threat, payment is never coercive. (shrink)

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

The author argues for the following as constituents of the moral virtue of open-mindedness: a second-order awareness that is not reducible to first-order doubt; strong moral concern for members of the moral community; and some freedom from reactive habit patterns, particularly with regard to one's self-narratives, or equanimity. Drawing on Buddhist philosophical accounts of equanimity, the author focuses on the third constituent, equanimity, and argues that it is a central, but often ignored, component of the moral virtue of open-mindedness, and (...) its absence can explain many failures of open-mindedness. (shrink)

Coregulation refers to the process by which relationship partners form a dyadic emotional system involving an oscillating pattern of affective arousal and dampening that dynamically maintains an optimal emotional state. Coregulation may represent an important form of interpersonal emotion regulation, but confusion exists in the literature due to a lack of precision in the usage of the term. We propose an operational definition for coregulation as a bidirectional linkage of oscillating emotional channels between partners, which contributes to emotional stability for (...) both partners. We propose several distinctions and raise unanswered questions that will need to be addressed in order to understand the relevance of coregulation for well-being in adulthood. (shrink)

What do humility, intellectual humility, and open-mindedness mean in the context of inter-group conflict? We spend most of our time with ingroup members, such as family, friends, and colleagues. Yet our biggest disagreements —— about practical, moral, and epistemic matters —— are likely to be with those who do not belong to our ingroup. An attitude of humility towards the former might be difficult to integrate with a corresponding attitude of humility towards the latter, leading to smug tribalism that masquerades (...) as genuine virtue. These potentially conflicting priorities have recently come to the fore because “tribal epistemology” has so thoroughly infected political and social discourse. Most research on these dispositions focuses on individual traits and dyadic peer-disagreement, with little attention to group membership or inter-group conflict. In this chapter, we dilate the social scale to address this pressing philosophical and social problem. (shrink)

The question of authenticity centers in the lives of women of color to invite and restrict their representative roles. For this reason, Gayatri Chakravorty Spivak and Uma Narayan advocate responding with strategic essentialism. This paper argues against such a strategy and proposes an epistemic understanding of the question of authentic- ity. The question stems from a kernel of truth—the connection between experience and knowledge. But a coherence theory of knowledge better captures the sociality and the holism of experience and knowledge.

Empirical psychology documents widespread evidence of bias in the ways that people select, interpret, and selectively interpret evidence in forming and revising their beliefs. These biases can function to create and perpetuate epistemologies of ignorance. I argue that virtue epistemology can help us explain what goes epistemically wrong in these cases, and can offer positive advice, orienting us toward ways to right it. In particular, I defend the virtue approach from epistemic situationist worries about the empirical plausibility of individual agents' (...) ability to develop corrective virtues. I argue that situational virtues are genuine responsibilist virtues, and are one of the tools at our disposal for overcoming epistemologies of ignorance. (shrink)

This essay explores how the distinctively anthropological concept of culture provides uniquely valuable insights into the workings of science in its cultural context. Recent efforts by anthropologists to dislodge the traditional notion of culture as a homogenous, stable whole have opened up a variety of ways of imagining culture that place power differentials, flux, and contradiction at its center. Including attention to a wide variety of social domains outside the laboratory, attending to the ways nonscientists actively engage with scientific knowledge, (...) and focusing on the complex interactions that flow both into and out of research laboratories are ways the activities of both scientists and nonscientists can be situated in the heterogeneous matrtx of culture. Three images—the citadel, the rhizome, and the string figure—allow us to picture the discontinuous ways science both permeates and is permeated by cultural life. (shrink)

The rule of rescue describes the moral impulse to save identifiable lives in immediate danger at any expense. Think of the extremes taken to rescue a small child who has fallen down a well, a woman pinned beneath the rubble of an earthquake, or a submarine crew trapped on the ocean floor. No effort is deemed too great. Yet should this same moral instinct to rescue, regardless of cost, be applied in the emergency room, the hospital, or the community clinic? (...) -/- In health care, the desire to save lives at any cost must be reconciled with the reality of resource scarcity. As one example, the estimated cost for prophylactic Factor VIII to treat one patient with hemophilia for one year is $300,000. Costs of this magnitude have been accepted by public and private insurers in the developed world, even though, in principle, these sums could provide greater overall health benefit if allocated to pay for the unmet health care needs of many other patients. Looking forward, however, broad application of the rule of rescue will be increasingly untenable. But the moral instinct will remain: the desire to help those weakest among us, especially when their small numbers allow us to see them as unique individuals. What, then, is the ethical framework that can guide coverage and reimbursement decisions for orphan drugs into the future? (shrink)

Institutional Review Board decisions hinge on the availability and interpretation of information. This is demonstrated by the following well-known historical example. In 2001, 24-year-old Ellen Roche died from respiratory distress and organ failure as a result of her participation in a study at Johns Hopkins Asthma and Allergy Center. The non-therapeutic physiological study, “Mechanisms of Deep Inspiration-Induced Airway Relaxation,” was designed to examine airway hyperresponsiveness in healthy individuals in order to better understand the pathophysiology of asthma. Participants inhaled hexamethonium, a (...) chemical ganglionic blocker that was not FDA-approved for use as specified in the experimental protocol. Risks of inhaling hexamethonium, including lung damage, had been reported in the 1950s and ‘60s. An investigation conducted after Roche's death determined that the study's principal investigator had failed to adequately search the medical literature; the protocol submitted for IRB review cited articles indexed in online literature databases that went back only as far as the 1970s. (shrink)

We argued last year in this journal that extensive integration of research and care is a worthy goal of health system design, and we second the call from Ruth Faden and colleagues to move toward learning health care systems. As they recognize, learning health care systems demand the coordination of research and medical ethics—two sets of normative commitments that have long been considered distinct. In offering a novel ethics framework for such systems, Faden et al. advance the scholarly debate about (...) how best to do this and challenge us to think more deeply about its practical implications. However, we believe that at least three issues they raise require additional attention. First, the research‐care distinction has more normative bite than they are willing to concede. Second, the role for independent oversight requires clarification. Finally, they neglect the concept of stewardship as a guiding obligation of learning health care systems. (shrink)

We argued last year in this journal that extensive integration of research and care is a worthy goal of health system design, and we second the call from Ruth Faden and colleagues to move toward learning health care systems. As they recognize, learning health care systems demand the coordination of research and medical ethics—two sets of normative commitments that have long been considered distinct. In offering a novel ethics framework for such systems, Faden et al. advance the scholarly debate about (...) how best to do this and challenge us to think more deeply about its practical implications. However, we believe that at least three issues they raise require additional attention. First, the research‐care distinction has more normative bite than they are willing to concede. Second, the role for independent oversight requires clarification. Finally, they neglect the concept of stewardship as a guiding obligation of learning health care systems. (shrink)

Exploring key topics in contemporary aesthetics, this work analyzes the issues that arise from the unique works of Frank Sibley (1923-1996), who developed a distinctive aesthetic theory through a number of papers published between 1955 and 1995. Here, thirteen philosophical aestheticians bring Sibley's insight into a contemporary framework, exploring the ways his ideas foster important new discussion about issues in aesthetics. This collection will interest anyone interested in philosophy, art theory, and art criticism.

The last decade has witnessed renewed attempts to regulate the conduct of transnational corporations. One way to do this is via global ethics codes. This paper examines seven such codes (the Sullivan Principles, UN Center for Transnational Corporations’ Draft Code, OECD Guidelines, ILO's Tripartite Declaration, the Caux Round Table Principles for Business, Global Compact, and the United Nations Norms) to determine their coverage of human rights and concludes that if these initiatives succeed, particularly the more recent codes, transnational corporations may (...) emerge as a major force in promoting human rights globally. (shrink)

Volume 19, Issue 9, September 2019, Page 62-64.

In Buddhist contexts, avidyā refers not only to a lack of knowledge but also (and primarily) to an active misapprehension of reality, a warped projection onto reality that reinforces our own dysfunction and vice. Ignorance is rarely innocent; it is not an isolated phenomenon of just-not-happening-to-know-something. It is maintained and reinforced through personal and social habits, including practices of personal and collective false projection, strategic ignoring, and convenient “forgetting.” This view of avidyā has striking similarities to philosophical analyses of white (...) ignorance, such as Charles Mills’, which understand white ignorance not in terms of a passive lack of knowledge but as an active refusal by whites to confront basic facts about our social world (Mills 2007, 16). I argue that Buddhist analyses of avidyā may help us understand the mechanisms of white ignorance and the practices for deconstructing it. (shrink)

The sublime has been a relatively neglected topic in recent work in philosophical aesthetics, with existing discussions confined mainly to problems in Kant's theory.1 Given the revival of interest in his aesthetic theory and the influence of the Kantian sublime compared to other eighteenth-century accounts, this focus is not surprising. Kant's emphasis on nature also sets his theory apart from other eighteenth-century theories that, although making nature central, also give explicit attention to moral character and mathematical ideas and generally devote (...) more discussion to art and artifacts than Kant did.2 Recent postmodern and poststructuralist theories of the sublime tend to concentrate on the concept in art and .. (shrink)

Aesthetic value, often viewed as subjective and even trivial compared to other environmental values, is commonly given low priority in policy debates. In this paper I argue that the seriousness and importance of aesthetic value cannot be denied when we recognise the ways that aesthetic experience is already embedded in a range of human practices. The first area of human practice considered involves the complex relationship between aesthetic experience and the development of an ethical attitude towards the environment. I then (...) discuss how aesthetics has played a role in scientific study and the use of evaluative aesthetic concepts in science, such as variety and diversity. The final section shows the connection between the beneficial effects of aesthetic engagement with nature and the restorative value of nature for human well-being. (shrink)

In Nancy Sherman's discussion of the history of empathy, she notes that it was the English translation of the German Einfühlung - originally a term in aesthetics - which translates literally as "feeling one's way into another." According to Sherman's analysis, the main idea in these early usages of empathy in Western psychological contexts "is that of resonating' with another, where this often involves role taking, inner imitation, and a projection of the self into the objects of perception" (Sherman 1998, (...) 83). There is a deep recognition in Indo-Tibetan ethics of the moral significance of one's ability to "resonate" or "feel one's way into another" and no shortage of ethical practices of role taking, "inner imitation," and projecting of the self into objects of perception. These practices transition from the egocentric to an orientation sensitive to the needs of others is a major part of the Mahayana Buddhist conception of moral development, as is apparent in the ideal of bodhicitta (see Section 3). (shrink)

In this article, we want to show the relevance and importance of melancholy as an aesthetic emotion. Melancholy often plays a role in our encounters with art works, and it is also present in some of our aesthetic responses to the natural environment. Melancholy invites aesthetic considerations to come into play not only in well-defined aesthetic contexts but also in everyday situations that give reason for melancholy to arise. But the complexity of melancholy, the fact that it is fascinating in (...) itself, suggests the further thought that it may be considered as an aesthetic emotion per se. To this end, we argue that it is the distinctive character of melancholy, its dual character and its differences from sadness and depression, which distinguishes it as an aesthetic emotion. (shrink)