This chapter discusses the moral framework for surrogate decision-making for incompetent medical patients. The chapter focuses on the question of how we can respect the autonomy of those who are no longer competent to make such decisions. The standard counterfactual account of how to respect the autonomy of the incompetent is evaluated, along with accounts that ground respect for autonomy on the patient’s most recent desires and values (regardless of whether the patient still possesses those desires and values) as well (...) as accounts according to which only the current desires and values of the patient matter. Other issues discussed include whether questions of personal identity should affect decision-making for incompetent patients, whether a patient’s former desires and values factor in to the patient’s current well-being, and whether an incompetent patient’s “investment interests” should guide decisions on the patient’s behalf. (shrink)

In recent years, the notion of a reason has come to occupy a central place in both metaethics and normative theory more broadly. Indeed, many philosophers have come to view reasons as providing the basis of normativity itself . The common conception is that reasons are facts that count in favor of some act or attitude. More recently, philosophers have begun to appreciate a distinction between objective and subjective reasons, where (roughly) objective reasons are determined by the facts, while subjective (...) reasons are determined by one's beliefs. My goal in this paper is to offer a plausible theory of subjective reasons. Although much attention has been focused on theories of objective reasons, very little has been offered in the literature regarding what sort of account of subjective reasons we should adopt; and what has been offered is rather perfunctory, and requires filling-out. Taking what has been said thus far as a starting point, I will consider several putative theories of subjective reasons, offering objections and amendments along the way, will settle on what I take to be a highly plausible account, and will defend that account against objections. (shrink)

Although advance directives are widely believed to be a key way to safeguard the autonomy of incompetent medical patients, significant questions exist about their moral authority. The main philosophical concern involves cases in which an incompetent patient no longer possesses the desires on which her advance directive was based. The question is, does that entail that prior expressions of medical choices are no longer morally binding? I believe that the answer is “yes.” I argue that a patient’s autonomy is not (...) respected by honoring the desires she used to have but no longer does. I also consider and reject the view that honoring an advance directive that reflects the patient’s previous values must be in that patient’s best interests. If that is correct, then advance directives in the kind of case at issue are not morally binding. (shrink)

Don Marquis’s “future-like-ours” argument against the moral permissibility of abortion is widely considered the strongest anti-abortion argument in the philosophical literature. In this paper, I address the issue of whether the argument relies upon controversial metaphysical premises. It is widely thought that future-like-ours argument indeed relies upon controversial metaphysics, in that it must reject the psychological theory of personal identity. I argue that that thought is mistaken—the future-like-ours argument does not depend upon the rejection of such a theory. I suggest, (...) however, that given a widely-accepted view about contraception and abstinence, the argument is committed to contentious metaphysics after all, as it relies upon a highly controversial assumption about mereology. This commitment is not only relevant for those who are inclined to endorse the argument but reject the mereological view in question, but in addition entails dialectical and epistemological liabilities for the argument, which on some views will be fatal to the argument’s overall success. (shrink)

In this article, I argue that professional healthcare organizations such as the AMA and ANA ought not to take controversial stances on professional ethics. I address the best putative arguments in favor of taking such stances, and argue that none are convincing. I then argue that the sort of stance-taking at issue has pernicious consequences: it stands to curb critical thought in social, political, and legal debates, increase moral distress among clinicians, and alienate clinicians from their professional societies. Thus, because (...) there are no good arguments in favor of stance-taking and at least some risks in doing so, professional organizations should refrain from adopting the sort of ethically controversial positions at issue. (shrink)

Morality is commonly thought to be normative in a robust and important way. This is commonly cashed out in terms of normative reasons. It is also commonly thought that morality is necessarily and universally normative, i.e., that moral reasons are reasons for any possible moral agent. Taking these commonplaces for granted, I argue for a novel view of moral normativity. I challenge the standard view that moral reasons are reasons to act. I suggest that moral reasons are reasons for having (...) sentiments—in particular, compassion and respect—and I argue that this view has important advantages over the standard view of moral normativity. (shrink)

It is a platitude that morality is normative, but a substantive and interesting question whether morality is normative in a robust and important way; and although it is often assumed that morality is indeed robustly normative, that view is by no means uncontroversial, and a compelling argument for it is conspicuously lacking. In this paper, I provide such an argument. I argue, based on plausible claims about the relationship between moral wrongs and moral criticizability, and the relationship between criticizability and (...) normative reasons, that moral facts necessarily confer normative reasons upon moral agents. (shrink)

This paper aims to refute a common line of argument that it is immoral for physicians to engage in medical assistance in death (MAiD), i.e., the practices of euthanasia and physician-assisted suicide. The argument in question is based on the notion that participating in MAiD is contrary to the professional-role obligations of physicians, due to MAiD’s putative inconsistency with the ends of medicine. The paper describes several major flaws from which that argument suffers.

This paper argues for a novel sentimentalist realist metaethical theory, according to which moral wrongness is analyzed in terms of the sentiments one has most reason to have. As opposed to standard sentimentalist views, the theory does not employ sentiments that are had in response to morally wrong action, but rather sentiments that antecedently dispose people to refrain from immoral behavior, specifically the sentiments of compassion and respect.

Since the onset of the COVID-19 pandemic, a controversial criterion for allocating scarce medical treatment has been defended and incorporated into policy: the criterion of equity. Equity-included allocation schemes prioritize, to some degree, patients from marginalized or historically disadvantaged racial/ethnic groups, or patients with low socioeconomic status, for scarce treatment. The use of such criteria has been most prominently defended in two ways: (1) as reflecting a risk factor for severe COVID-19, and thus as a way of tracking medical need, (...) and (2) as a form of remedial justice, viz. a way of redressing disparities in COVID outcomes that are caused by underlying unjust social conditions. Here, we delineate and critique those arguments. We argue that not only are such arguments unconvincing but also that there are compelling moral reasons to reject the sort of equity-included allocation schemes at issue. (shrink)

In this article, I address the extent to which experts in bioethics can contribute to healthcare delivery by way of aid in clinical decision-making and policy-formation. I argue that experts in bioethics are moral experts, in that their substantive moral views are more likely to be correct than those of non-bioethicists, all else being equal, but that such expertise is of use in a relatively limited class of cases. In so doing, I respond to two recent arguments against the view (...) that bioethicists are moral experts, one by Christopher Cowley and another by David Archard. I further argue that bioethics experts have significant additional contributions to make to healthcare delivery, and highlight a hitherto neglected aspect of that contribution: amelioration of moral misconception among clinicians. I describe in detail several aspects of moral misconception, and show how the bioethicist is in a prime position to resolve that sort of error. (shrink)

It is nearly universally thought that the kind of decision-making competence that gives one a strong prima facie right to make one's own medical decisions essentially involves having an ability (or abilities) of some sort, or having a certain level or degree of ability (or abilities). When put under philosophical scrutiny, however, this kind of theory does not hold up. I will argue that being competent does not essentially involve abilities, and I will propose and defend a theory of decision-making (...) competence according to which one is competent only if one possesses a certain kind of rationality in making treatment decisions. (shrink)

This paper proposes and employs a framework for determining whether life-saving treatment at birth is in the best interests of extremely preterm infants, given uncertainty about the outcome of such a choice. It argues that given relevant data and plausible assumptions about the well-being of babies with various outcomes, it is typically in the best interests of even the youngest preterm infants—those born at 22 weeks gestational age—to receive life-saving treatment at birth.

Matthew Tedesco has argued that Alvin Plantinga’s argument that belief in naturalistic evolution is self-defeating entails, according to a parallel argument, that theistic belief is self-defeating for the same reasons. I defend Plantinga against this charge by arguing that the parallel argument is unsound.

Summary A provocative examination of the consequences of Levinas’s and Adorno’s thought for contemporary ethics and political philosophy. This book sets up a dialogue between Emmanuel Levinas and Theodor W. Adorno, using their thought to address contemporary environmental and social-political situations. Eric S. Nelson explores the “non-identity thinking” of Adorno and the “ethics of the Other” of Levinas with regard to three areas of concern: the ethical position of nature and “inhuman” material others such as environments and animals; the (...) bonds and tensions between ethics and religion and the formation of the self through the dynamic of violence and liberation expressed in religious discourses; and the problematic uses and limitations of liberal and republican discourses of equality, liberty, tolerance, and their presupposition of the private individual self and autonomous subject. Thinking with and beyond Levinas and Adorno, this work examines the possibility of an anarchic hospitality and solidarity between material others and sensuous embodied life. “This is an extremely impressive, original, and thorough treatment of two key twentieth-century thinkers and their applicability to the most pressing social and political issues of our time.” — Jeffrey A. Bernstein, author of Leo Strauss on the Borders of Judaism, Philosophy, and History “This book is an excellent and timely contribution to political and environmental philosophy, located around a nuanced historical and philosophical approach to Levinas and Adorno. It will be of great interest to anyone concerned with these figures or with the current moment.” — Martin Shuster, author of Autonomy after Auschwitz: Adorno, German Idealism, and Modernity. (shrink)

Daoism and Environmental Philosophy explores ethics and the philosophy of nature in the Daodejing, the Zhuangzi, and related texts to elucidate their potential significance in our contemporary environmental crisis. This book traces early Daoist depictions of practices of embodied emptying and forgetting and communicative strategies of undoing the fixations of words, things, and the embodied self. These are aspects of an ethics of embracing plainness and simplicity, nourishing the asymmetrically differentiated yet shared elemental body of life of the myriad things, (...) and being responsively attuned in encountering and responding to things. These critical and transformative dimensions of early Daoism provide exemplary models and insights for cultivating a more expansive ecological ethos, environmental culture of nature, and progressive political ecology. This work will be of interest to students and scholars interested in philosophy, environmental ethics and philosophy, religious studies, and intellectual history. (shrink)

In this wide-ranging and authoritative volume, leading scholars engage with the philosophy and writings of Wilhelm Dilthey, a key figure in nineteenth-century thought. Their chapters cover his innovative philosophical strategies and explore how they can be understood in relation to their historical situation, as well as presenting incisive interpretations of Dilthey's arguments, including their development, their content, and their influence on later thought. A key focus is on how Dilthey's work remains relevant to current debates around art and literature, the (...) biographical and autobiographical self, knowledge, language, science, culture, history, society, and psychology and the embodied mind. The volume will be important for researchers in hermeneutics, aesthetics, practical philosophy, and the history of German philosophy, providing a valuable introduction to Dilthey's work as well as detailed critical analysis of its ongoing significance. (shrink)

Arguments from disagreement against moral realism begin by calling attention to widespread, fundamental moral disagreement among a certain group of people. Then, some skeptical or anti-realist-friendly conclusion is drawn. Chapter 2 proposes that arguments from disagreement share a structure that makes them vulnerable to a single, powerful objection: they self-undermine. For each formulation of the argument from disagreement, at least one of its premises casts doubt either on itself or on one of the other premises. On reflection, this shouldn’t be (...) surprising. These arguments are intended to support very strong metaphysical or epistemological conclusions about morality. They must therefore employ very strong metaphysical or epistemological premises. But, given the pervasiveness of disagreement in philosophy, especially about metaphysics and epistemology, very strong premises are virtually certain to be the subject of widespread, intractable disagreement—precisely the sort of disagreement that proponents of these arguments think undermine moral claims. Thus, these arguments undermine their own premises. If Chapter 2’s argument is sound, it provides realists with a single, unified strategy for responding to any existing or forthcoming arguments from disagreement. (shrink)

Abstractabstract:This article examines Harold Ramis’s 2005 noir comedy The Ice Harvest as the critically dystopian counter-panel to his beloved 1993 film Groundhog Day, a film frequently discussed within the paradigm of utopia. While starkly different in genre, tone, and reception, the two films comprise a dialectical dyad that registers the historical transition from the utopian cultural effervescence of the early 1990s to the tragic foreclosure of imaginative horizons and the dystopian transformation of economic, political, and social landscapes in the new (...) millennium. In The Ice Harvest, the author argues, this is achieved through a strategic reactivation of film noir as a variant of the critical dystopia. (shrink)

Introduction I am a nuance. Nietzsche Reading is always a risky business: we confront an enigma or run the risk of roaming. But doesn't reading Nietzsche ...

Un livre pour défaire le régime esthétique de l'image, en vue d'une nouvelle pensée diagrammatique, après Deleuze et Guattari, entre art et philosophie : un ouvrage introductif et spéculatif sans équivalent qui, partant de la rupture opérée par Matisse et Duchamp avec la phénoménologie picturale de l'image esthétique, constitue une archéologie de l'art contemporain qui passe par Daniel Buren, Gordon Matta-Clark, Günter Brus et le néoconcrétisme brésilien.

For critical legal scholars, the ongoing far-right assault upon the liberal status quo poses a distinct dilemma. On the one hand, the desire to condemn the far-right is overwhelming. On the other hand, such condemnations are susceptible to being appropriated as a validation of the very liberalism that critical theorists have long questioned. In seeking to transcend this dilemma, my focus is on the discourse of ‘white genocide’ — a commonplace belief amongst the far-right/white nationalists that ‘whites’, as a discrete (...) group, are facing demographic destruction as a result of deliberate policy choices. Such a belief has motivated acts of extreme violence. While libel to dismissal by experts on mainstream understandings of genocide, namely international criminal lawyers, I argue that this ‘white genocide’ discourse deserves careful scrutiny as a jurisprudential and socio-legal phenomenon that reveals key weaknesses in present modalities of liberal justification. Drawing upon an array of recent critical theories, I show how a liberalism unable to face its own decline enables the very far-right assertions it purports to oppose. Thus, given liberalism’s failure to act as a neutral arbiter, an alternative approach for those opposing the far-right is to develop a vision of politics and society that confront believers in ‘white genocide’ on a more substantive level. This, I argue, forces the far-right’s opponents to disavow liberal scepticism towards utopian transformation as well as the juridical understandings and institutions that allow this scepticism to durably persist. (shrink)

Contrary to Vaesen's argument that humans are unique with respect to nine cognitive capacities essential for tool use, we suggest that although such cognitive processes contribute to variation in tool use, it does not follow that these capacities arenecessaryfor tool use, nor that tool use shaped cognition per se, given the available data in cognitive neuroscience and behavioral biology.

Once again available in paperback, Plato is the first half of Eric Voegelin's Plato and Aristotle, the third volume of his five-volume Order and History, which ...

Do philosophy professors specializing in ethics behave, on average, any morally better than do other professors? If not, do they at least behave more consistently with their expressed values? These questions have never been systematically studied. We examine the self-reported moral attitudes and moral behavior of 198 ethics professors, 208 non-ethicist philosophers, and 167 professors in departments other than philosophy on eight moral issues: academic society membership, voting, staying in touch with one's mother, vegetarianism, organ and blood donation, responsiveness to (...) student emails, charitable giving, and honesty in responding to survey questionnaires. On some issues, we also had direct behavioral measures that we could compare with the self-reports. Ethicists expressed somewhat more stringent normative attitudes on some issues, such as vegetarianism and charitable donation. However, on no issue did ethicists show unequivocally better behavior than the two comparison groups. Our findings on attitude-behavior consistency were mixed: ethicists showed the strongest relationship between behavior and expressed moral attitude regarding voting but the weakest regarding charitable donation. We discuss implications for several models of the relationship between philosophical reflection and real-world moral behavior. (shrink)

“What is the structure of thought?” is as central a question as any in cognitive science. A classic answer to this question has appealed to a Language of Thought (LoT). We point to emerging research from disparate branches of the field that supports the LoT hypothesis, but also uncovers diversity in LoTs across cognitive systems, stages of development, and species. Our letter formulates open research questions for cognitive science concerning the varieties of rules and representations that underwrite various LoT-based systems (...) and how these variations can help researchers taxonomize cognitive systems. (shrink)

It is widely held that every person is a person essentially, where being a person is having special mental properties such as intelligence and self-consciousness. It follows that nothing can acquire or lose these properties. The paper argues that this rules out all familiar psychological-continuity views of personal identity over time. It also faces grave difficulties in accounting for the mental powers of human beings who are not intelligent and self-conscious, such as foetuses and those with dementia.

Olmsted was an influential landscape architect whose works include many parks, recreation grounds and more. Inspired by Romantic and transcendentalist thinkers, he developed ‘pastoral transcendentalism’, a style of designing parks that mimicked natural spaces to reproduce their values within cities. Although environmental justice scholars have pointed out how these designs limit access to parks, I argue that environmental philosophers have not adequately discussed Olmsted, particularly his axiology of nature. Reflecting on it reveals how environmental injustice consists not only of restricting (...) access to nature to protect its essential value – for Olmsted, scenery that could induce a contemplative mindset – but in delimiting nature's value without consideration of how people actually appreciate it. (shrink)

This paper explains Sophie de Grouchy’s philosophical debts to Adam Smith. I have three main reasons for this: first, it should explain why eighteenth-century philosophical feminists found Smith, who has—to put it mildly—not been a focus of much recent feminist admiration, a congenial starting point for their own thinking; second, it illuminates De Grouchy’s considerable philosophical originality, especially her important, overlooked contributions to political theory; third, it is designed to remove some unfortunate misconceptions that have found their way into Karin (...) Brown’s ‘Introduction’ to the recent and much-to-be-welcomed translation of Sophie de Grouchy’s Lettres Sur La Sympathie. While Brown claims that there are major ‘differences’ in their programs of ‘social reform’, I argue there are important commonalities between Smith and De Grouchy. In particular, I highlight how they share a common understanding of how human sensibilities are shaped by social institutions and I show that De Grouchy’s path-breaking analysis of negative and positive liberty is grounded in her extension of Smith’s political theory and moral psychology. (shrink)

Foundational theories of mental content seek to identify the conditions under which a mental representation expresses, in the mind of a particular thinker, a particular content. Normativists endorse the following general sort of foundational theory of mental content: A mental representation r expresses concept C for agent S just in case S ought to use r in conformity with some particular pattern of use associated with C. In response to Normativist theories of content, Kathrin Glüer-Pagin and Åsa Wikforss propose a (...) dilemma, alleging that Normativism either entails a vicious regress or falls prey to a charge of idleness. In this paper, I respond to this argument. I argue that Normativism can avoid the commitments that generate the regress and does not propose the sort of explanation required to charge that its explanation has been shown to be problematically idle. The regress-generating commitment to be avoided is, roughly, that tokened, contentful mental states are the product of rule-following. The explanatory task Normativists should disavow is that of explaining how it is that beliefs and other contentful mental states are produced. I argue that Normativism, properly understood as a theory of content, does not provide this kind of psychological explanation, and therefore does not entail that such explanations are to be given in terms of rule-following. If this is correct, Normativism is not the proper target of the dilemma offered by Glüer-Pagin and Wikforss. Understanding why one might construe Normativism in the way Glüer-Pagin and Wikforss must, and how, properly understood, it avoids their dilemma, can help us to appreciate the attractiveness of a genuinely normative theory of content and the importance of paying careful attention to the sort of normativity involved in norm-based theories of content. (shrink)

Autant d'études classiques qui accompagnent les grands ouvrages d'Eric Weil, Logique de la philosophie, Philosophie morale, Philosophie politique.

In this article I examine several related views expressed by Robin Hendry concerning molecular structure, emergence and chemical bonding. There is a long-standing problem in the philosophy of chemistry arising from the fact that molecular structure cannot be strictly derived from quantum mechanics. Two or more compounds which share a molecular formula, but which differ with respect to their structures, have identical Hamiltonian operators within the quantum mechanical formalism. As a consequence, the properties of all such isomers yield precisely the (...) same calculated quantities such as their energies, dipole moments etc. The only means through which the difference between the isomers can be recovered is to build their structures into the quantum mechanical calculations, something that is carried out by the application of the Born-Oppenheimer approximation. Consequently, it has been argued by many authors that molecular structure is written in ‘by hand’ rather than derived. Robin Hendry is one such author, but he goes a great deal further by proposing that this situation implies the existence of emergence and downward causation. In the current article I argue that there are alternative explanations which render emergence and downward causation redundant. Such an alternative lies in the notion of quantum decoherence and the appeal to work in the foundations of physics, which posits that the various isomers exist as a superposition until their wavefunctions are collapsed either by observation or by interacting with their environment. Hendry also alludes to a debate among chemists as to whether chemical bonds are real or not, in the sense of directional connections between two or more nuclei in any given molecule. I reject this view and propose that the structural and energetic views of chemical bonding, that have been discussed by some philosophers of chemistry including Hendry, do not refer to any essential ontological differences. I agree that chemists view bonding in a more realistic fashion and may consider bonds to be in some senses real, while physicists may consider bonding in more abstract energetic terms. However, I do not believe that such differences in scientific practice and attitudes should be considered to offer a window as to the ontological status of bonding or whether bonding is real. Finally, I discuss the kinetic energy school of chemical bonding which would seem to challenge any notion of bonds as directional entities, since bonding is no longer regarded as being primarily due to the build-up of electron density between nuclei. (shrink)

Natural Property Rights presents a novel theory of property based on individual, pre-political rights. The book argues that a just system of property protects people's rights to use resources and also orders those rights consistent with natural law and the public welfare. Drawing on influential property theorists such as Grotius, Locke, Blackstone, and early American statesmen and judges, as well as recent work in in normative and analytical philosophy, the book shows how natural rights guide political and legal reasoning about (...) property law. It examines how natural rights justify the most familiar institutions in property, including public property, ownership, the system of estates and future interests, leases, servitudes, mortgages, police regulation, and eminent domain. Thought-provoking and comprehensive, the book challenges leading contemporary justifications for property and shows how property both secures individual freedom and serves the common good. (shrink)

We propose capability as a universal or type intermediate between function and disposition. A capability is, broadly speaking, a disposition that is of a type whose instances can be evaluated on the basis of how well they are realized. A function, on the view we are proposing, is a capability the possession of which is the rationale for the existence of its bearer. To say for example that a water pump has the function to pump water is to say that (...) the pump exists because something was needed that would pump water. A water pump may have many capabilities, including: to be weatherproof, to run without lubricant, to be transportable, and so forth. But its function is to pump water. We focus here on capabilities possessed by humans – such as piano playing or language using – and we explore the relation between capabilities of these sorts and structures in the brain. (shrink)

From the time of Locke, discussions of personal identity have often ignored the question of our basic metaphysical nature: whether we human people are biological organisms, spatial or temporal parts of organisms, bundles of perceptions, or what have you. The result of this neglect has been centuries of wild proposals and clashing intuitions. What Are We? is the first general study of this important question. It beings by explaining what the question means and how it differs from others, such as (...) questions of personal identity and the mind-body problem. It then examines in some depth the main possible accounts of our metaphysical nature, detailing both their theoretical virtues and the often grave difficulties they face. The book does not endorse any particular account of what we are, but argues that the matter turns on more general issues in the ontology of material things. If composition is universal--if any material things whatever make up something bigger--then we are temporal parts of organisms. If things never compose anything bigger, so that there are only mereological simples, then we too are simples--perhaps the immaterial substances of Descartes--or else we do not exist at all (a view Olson takes very seriously). The intermediate view that some things compose bigger things and others do not leads almost inevitably to the conclusion that we are organisms. So we can discover what we are by working out when composition occurs. (shrink)

The theory and practice of history and its relevance to the modern world, by Britains greatest radical historian.

Preface -- Introduction -- How to value democracy -- Paper stones, the ethics of participation -- Philosophers-citizens -- Superdeliberators -- What is it like to be a citizen? -- Democracy's ethics of belief -- The division of democratic labor -- Representing principles -- Democratic complicity -- Not in my name, macrodemocratic design.

The Standard View of personal identity says that someone who exists now can exist at another time only if there is continuity of her mental contents or capacities. But no person is psychologically continuous with a fetus, for a fetus, at least early in its career. has no mental features at all. So the Standard View entails that no person was ever a fetus---contrary to the popular assumption that an unthinking fetus is a potential person. It is also mysterious what (...) does ordinarily happen to a human fetus, if it does not come to be a person. Although an extremely complex variant of the Standard View may allow one to persist without psychological continuity before one becomes a person but not afterwards, a far simpler solution is to accept a radically non-psychological account of our identity. (shrink)