Tom Dougherty argues that culpably deceiving another person into sex is seriously wrong no matter what the content about which she is deceived. We argue that his explanation of why deception invalidates consent has extremely implausible implications. Though we reject Dougherty’s explanation, we defend his verdict about deception and consent to sex. We argue that he goes awry by conflating the disclosure requirement for consent and the understanding requirement. When these are distinguished, we can identify how deceptive disclosure invalidates consent. (...) This alternative explanation also allows for a response to Neil Manson’s recent criticisms of Dougherty’s argument. (shrink)

The current ethical and regulatory framework for research is often charged with burdening investigators and impeding socially valuable research. To address these concerns, a growing number of research ethicists argue that informed consent should be adapted to the risks of research participation. This would require less rigorous consent standards in low-risk research than in high-risk research. However, the current discussion is restricted to cases of research in which the risks of research participation are outweighed by the potential clinical benefits for (...) the individual research participant. Furthermore, current proposals do not address the worry that risk-adapted informed consent may result in enrolling participants into research without their autonomous authorization. In this paper, we show how the standard view of informed consent – consent as autonomous authorization – can be adapted to risk even when the research does not have a favourable risk-benefit profile for the participant. Our argument has two important implications: first, it implies that current and proposed consent standards are not adequately calibrated to risk and, second, that consent standards also need to be adapted to factors other than risk. (shrink)

Trials with highly unfavourable risk–benefit ratios for participants, like HIV cure trials, raise questions about the quality of the consent of research participants. Why, it may be asked, would a person with HIV who is doing well on antiretroviral therapy be willing to jeopardise his health by enrolling in such a trial? We distinguish three concerns: first, how information is communicated to potential participants; second, participants’ motivations for enrolling in potentially high risk research with no prospect of direct benefit; and (...) third, participants’ understanding of the details of the trials in which they enrol. We argue that the communication concern is relevant to the validity of informed consent and the quality of decision making, that the motivation concern does not identify a genuine problem with either the validity of consent or the quality of decision making and that the understanding concern may not be relevant to the validity of consent but is relevant to the quality of decision making. In doing so, we derive guidance points for researchers recruiting and enrolling participants into their HIV cure trials, as well as the research ethics committees reviewing proposed studies. (shrink)

Motivational internalism is the thesis that captures the commonplace thought that moral judgements are necessarily motivationally efficacious. But this thesis appears to be in tension with another aspect of our ordinary moral experience. Proponents of the contrast thesis, motivational externalism, cite everyday examples of amoralism to demonstrate that it is conceptually possible to be completely unmoved by what seem to be sincere first-person moral judgements. This paper argues that the challenge of amoralism gives us no reason to reject or modify (...) motivational internalism. Instead of attempting to diagnose the motivational failure of the amoral agent or restrict the internalist thesis in the face of these examples, I argue that we should critically examine the assumptions that underlie the challenge. Such an examination reveals that the examples smuggle in substantive assumptions that the internalist has no reason to accept. This argument has two important implications for the debate in moral motivation: first, it reveals that the motivational externalist needs a new argumentative strategy; and second, it shows that there is nothing especially problematic about a formulation of the thesis that captures the core internalist intuition that first-person moral judgements are necessarily accompanied by motivation. (shrink)

Most regulations and guidelines require that potential research participants be told a great deal of information during the consent process. Many of these documents, and most of the scholars who consider the consent process, assume that all this information must be disclosed because it must all be understood. However, a wide range of studies surveying apparently competent participants in clinical trials around the world show that many do not understand key aspects of what they have been told. The standard view (...) of the conditions for valid consent therefore implies that these people have failed to give valid consent to research participation. In this paper we argue that the standard view is false. The primary function of the requirement that researchers disclose information about a study is the avoidance of illegitimate control over someone’s consent decision, which is a form of fraud.We derive the content and manner of appropriate disclosure by analysing the ways in which the manipulation of information can invalidate consent. Our analysis shows that the informational requirements for valid consent are conceptually distinct and thus unlikely to have identical contents. This implies that consent can be valid when not everything that ought to be disclosed by the person asking for consent is understood by the person who proffers it. (shrink)

Most regulations and guidelines require that potential research participants be told a great deal of information during the consent process. Many of these documents, and most of the scholars who consider the consent process, assume that all this information must be disclosed because it must all be understood. However, a wide range of studies surveying apparently competent participants in clinical trials around the world show that many do not understand key aspects of what they have been told. The standard view (...) of the conditions for valid consent therefore implies that these people have failed to give valid consent to research participation. In this paper we argue that the standard view is false. The primary function of the requirement that researchers disclose information about a study is the avoidance of illegitimate control over someone’s consent decision, which is a form of fraud.We derive the content and manner of appropriate disclosure by analysing the ways in which the manipulation of information can invalidate consent. Our analysis shows that the informational requirements for valid consent are conceptually distinct and thus unlikely to have identical contents. This implies that consent can be valid when not everything that ought to be disclosed by the person asking for consent is understood by the person who proffers it. (shrink)

Cognitivist motivational internalism is the thesis that, if one believes that 'It is right to ϕ', then one will be motivated to ϕ. This thesis—which captures the practical nature of morality—is in tension with a Humean constraint on belief: belief cannot motivate action without the assistance of a conceptually independent desire. When defending cognitivist motivational internalism it is tempting to either argue that the Humean constraint only applies to non-moral beliefs or that moral beliefs only motivate ceteris paribus . But (...) succumbing to the first temptation places one under a burden to justify what is motivationally exceptional about moral beliefs and succumbing to the second temptation saddles one with a thesis that fails to do justice to the practicality intuition that cognitivist motivational internalism is suppose to capture. In this paper, I offer a way of defending cognitivist motivational internalism, which does not require accepting that there is anything motivationally unusual about moral beliefs. I argue that no belief satisfies the Humean constraint: all beliefs are capable of motivating without the assistance of a conceptually independent desire. (shrink)

It is widely agreed that the view of informed consent found in the regulations and guidelines struggles to keep pace with the ever-advancing enterprise of human subjects research. Over the last 10 years, there have been serious attempts to rethink informed consent so that it conforms to our considered judgments about cases where we are confident valid consent has been given. These arguments are influenced by an argument from Gopal Sreenivasan, which apparently shows that a potential participant's consent to research (...) participation can be perfectly valid even if she fails to understand the risk-benefit profile of the study. I argue that Sreenivasan's argument fails. The set of clinical trials that is supposed to be ethical in the face of this kind of ignorance is empty. However, I argue that his argument is nonetheless instructive in allowing us to identify three important but neglected areas for future conceptual research on informed consent. I close by arguing that research on these identified questions promises to yield a defensible view of consent, lessen the burden of ambiguity on researchers attempting to obtain consent to research participation, and facilitate socially valuable research. (shrink)

Most regulations and guidelines require that potential research participants be told a great deal of information during the consent process. Many of these documents, and most of the scholars who consider the consent process, assume that all this information must be disclosed because it must all be understood. However, a wide range of studies surveying apparently competent participants in clinical trials around the world show that many do not understand key aspects of what they have been told. The standard view (...) of the conditions for valid consent therefore implies that these people have failed to give valid consent to research participation. In this paper we argue that the standard view is false. The primary function of the requirement that researchers disclose information about a study is the avoidance of illegitimate control over someone’s consent decision, which is a form of fraud.We derive the content and manner of appropriate disclosure by analysing the ways in which the manipulation of information can invalidate consent. Our analysis shows that the informational requirements for valid consent are conceptually distinct and thus unlikely to have identical contents. This implies that consent can be valid when not everything that ought to be disclosed by the person asking for consent is understood by the person who proffers it. (shrink)

Over the last few decades, multiple studies have examined the understanding of participants in clinical research. They show variable and often poor understanding of key elements of disclosure, such as expected risks and the experimental nature of treatments. Did the participants in these studies give valid consent? According to the standard view of informed consent they did not. The standard view holds that the recipient of consent has a duty to disclose certain information to the profferer of consent because valid (...) consent requires that information to be understood. The contents of the understanding and disclosure requirements are therefore conceptually linked. In this paper, we argue that the standard view is mistaken. The disclosure and understanding requirements have distinct grounds tied to two different ways in which a token of consent can be rendered invalid. Analysis of these grounds allows us to derive the contents of the two requirements. It also implies that it is sometimes permissible to enroll willing participants who have not understood everything that they ought to be told about their clinical trials. (shrink)

The American Journal of Bioethics, Volume 12, Issue 3, Page 35-36, March 2012.

Misconceived Consent: Miguel has stage IV lung cancer. He has nearly exhausted his treatment options when his oncologist, Dr. Llewellyn, tells him about an experimental vaccine trial that may boost his immune response to kill cancer cells. Dr. Llewellyn provides Miguel with a consent form that explains why the study is being conducted, what procedures he will undergo, what the various risks and benefits are, alternative sources of treatment, and so forth. She even sits down with him, carefully talks through (...) the most important points, and gives him time to ask questions. Though it is a Phase 1 study and the chance that he will benefit is very low, Miguel happily agrees to take part. A week later, after the first experimental injection, she asks him if he is worried about the risks. “Risks?” he asks. “I’m sure this is safe—you’re a doctor, after all!”. (shrink)

This chapter explores the foundation and content of the duty to respect persons. The authors argue that it is best understood as a duty to recognize people’s rights. Respect for persons therefore has specific implications for how competent and non-competent persons ought to be treated in research. For competent persons it underlies the obligation to obtain consent to many research procedures. The chapter gives an analysis of the requirements for obtaining valid consent. It then considers respect for persons as it (...) relates to four common topics: the therapeutic misconception, research with children and adolescents, the use of deception in research, and research on competent adults without their consent. (shrink)

In “Informed Consent: What Must be Disclosed and What Must be Understood?”, we reject a dogma at the heart of research ethics. We demonstrate that the constitutive claim...

When it first appeared in 1979, Philosophy and the Mirror of Nature hit the philosophical world like a bombshell. In it, Richard Rorty argued that, beginning in the seventeenth century, philosophers developed an unhealthy obsession with the notion of representation: comparing the mind to a mirror that reflects reality. Rorty's book is a powerful critique of this imagery and the tradition of thought that it spawned. Thirty years later, the book remains a must-read and stands as a classic of twentieth-century (...) philosophy. Its influence on the academy, both within philosophy and across a wide array of disciplines, continues unabated. This edition includes new essays by philosopher Michael Williams and literary scholar David Bromwich, as well as Rorty's previously unpublished essay "The Philosopher as Expert.". (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.2 (2002) 239-259 [Access article in PDF] Love Against Revenge in Shelley's Prometheus David Bromwich I THE MODERNIST PREJUDICE AGAINST SHELLEY has almost disappeared, but when I talk to friends I discover that few have ever cared for his poetry, and if they go back now to read him sometimes they reinvent the prejudice. This resistance is not indifference. Shelley can disturb one's self-knowledge and (...) even one's idea of what self-knowledge may be; and in reaction against the unheard-of demand he routinely makes, one is apt to dismiss him as extravagant. Much of Shelley continues to be outside my range, and occasionally I feel him pulling farther away, as if his starting point were my outermost limit. The fact is shaming enough to prompt a decorous defensiveness. Yet in many of his most far-fetched poems, it seems to me, he justifies his procedures as one looks for a great artist to do. The main reason we find his poetry difficult is its difficulty.Shelley was a member of the first generation to accept the French Revolution as an accomplished change in the world. It was, he thought, a change for the better; he considered himself a revolutionary, though the Terror and the Napoleonic wars left their chastening mark on him. A sentence from the Preface to The Revolt of Islam, of 1817, states most clearly an intuition he held as deeply a year later when he wrote the first act of Prometheus Unbound: "There is a reflux in the tide of human things which bears the shipwrecked hopes of men into a secure haven after the storms are past." 1 Humanity, by the adaptive work of thoughts and feelings, will prove to have readied itself for any great mutation that occurs in society; so that the violence of a revolution is likely to be [End Page 239] extrinsic and unnecessary. The reasons for the assurance implicit here are brought forward in the two great prose works of his last years, A Defence of Poetry and A Philosophical View of Reform. By the time any revolution happens in life, Shelley believes, it has already happened in language, with causes that are as visible as the difference between a living and a dead metaphor. Poetry—by which he means anything imaginative and man-made whose good survives the defects of its maker—"redeems from decay the visitations of the divinity in man." He thinks that poets (including some lawgivers and social critics) are "the mirrors of the gigantic shadows which futurity casts upon the present." The last phrase, from the closing paragraph of A Defence of Poetry, seemed to Shelley important enough to be used also in A Philosophical View of Reform. For him, the principle of reform in language is identical with the principle of reform in thought and action.His doctrine belongs to the high Enlightenment, and he had accepted, more complacently, I believe, in his poetry than in his prose, the idea of the poet or thinker or man-of-mind as a bringer of light to humanity. That ideal was strong in Wordsworth too, with his conception of the poet as "the rock of defence for human nature," but in Shelley it exists in tension with another belief: that the instinct for acting and suffering at the bidding of a nature "not our own" may become as general as the appeal of the revolution now accomplished. Only in having a language for thoughts and feelings does the poet differ from other men and women. This, for Shelley, is a difference not (as it was for Wordsworth) between a speaker and a listener, but rather like that between a translator and a reader. If the poet were unique in the way a revolutionary leader is unique, he would be the protagonist of a fable of revenge that needs likewise its antagonist. Our thoughts about change go along these lines because they tend to be thoughts about contest. But in his later poetry, and in Prometheus Unbound above all, Shelley was looking at... (shrink)

Essayist, lecturer, and radical pamphleteer, William Hazlitt (1778-1830) was the greatest of English critics and a master of the art of prose. This book is a superb appreciation of the man and his works, at once a revaluation of the aesthetics of Romanticism and a sustained intellectual portrait. Nominated for the National Book Critics Circle Award in criticism when it was first published in 1983, it is now reissued with a new preface and bibliography by the author. "Few literary figures (...) in recent decades have seen their reputations rise as securely as Hazlitt's. Now it will soar. David Bromwich's book is the most persuasive and ambitious exploration of Hazlitt's genius hitherto attempted."--Michael Foot, New Republic "Hazlitt: the Mind of a Critic is an intellectual biography in the best sense of the word, and intellectual biography is the type of writing that shows Hazlitt in his truest light."--Kenneth R. Johnston, Indiana University "Bromwich's volume was first published in 1983, and its achievement has never been questioned. All Romanticists recognize that this is one of the great critical works in our field to appear in the post-war era. It aspires to (and achieves) a classical simplicity and elegance."--Duncan Wu, University of Glasgow. (shrink)

Essayist, lecturer, and radical pamphleteer, William Hazlitt (1778-1830) was the greatest of English critics and a master of the art of prose. This book is a superb appreciation of the man and his works, at once a revaluation of the aesthetics of Romanticism and a sustained intellectual portrait. Nominated for the National Book Critics Circle Award in criticism when it was first published in 1983, it is now reissued with a new preface and bibliography by the author. "Few literary figures (...) in recent decades have seen their reputations rise as securely as Hazlitt's. Now it will soar. David Bromwich's book is the most persuasive and ambitious exploration of Hazlitt's genius hitherto attempted."--Michael Foot, New Republic "Hazlitt: the Mind of a Critic is an intellectual biography in the best sense of the word, and intellectual biography is the type of writing that shows Hazlitt in his truest light."--Kenneth R. Johnston, Indiana University "Bromwich's volume was first published in 1983, and its achievement has never been questioned. All Romanticists recognize that this is one of the great critical works in our field to appear in the post-war era. It aspires to (and achieves) a classical simplicity and elegance."--Duncan Wu, University of Glasgow. (shrink)

It is common to hear talk of the aim of belief and to find philosophers appealing to that aim for numerous explanatory purposes. What belief 's aim explains depends, of course, on what that aim is. Many hold that it is somehow related to truth, but there are various ways in which one might specify belief 's aim using the notion of truth. In this article, by considering whether they can account for belief 's standard of correctness and the epistemic (...) norms governing belief, I argue against certain prominent specifications of belief 's aim given in terms of truth, and advance a neglected alternative. (shrink)

The _Physics_ is a foundational work of western philosophy, and the crucial one for understanding Aristotle's views on matter, form, essence, causation, movement, space, and time. This richly annotated, scrupulously accurate, and consistent translation makes it available to a contemporary English reader as no other does—in part because it fits together seamlessly with other closely associated works in the New Hackett Aristotle series, such as the _Metaphysics_, _De Anima_, and forthcoming _De Caelo_ and _On Coming to Be and Passing Away_. (...) Eventually the series will include all of Aristotle's works. Sequentially numbered endnotes provide the information most needed at each juncture, while a detailed Index of Terms indicates places where focused discussion of key notions occurs. An illuminating general Introduction describes the book that lies ahead, explaining what sort of work it is and what sorts of evidence it relies on. (shrink)

Liberal education has been under siege in recent years. Far-right ideologues in journalism and government have pressed for a uniform curriculum that focuses on the achievements of Western culture. Partisans of the academic left, who hold our culture responsible for the evils of society, have attempted to redress imbalances by fostering multiculturalism in education. In this eloquent and passionate book a distinguished scholar criticizes these positions and calls for a return to the tradition of independent thinking that he contends has (...) been betrayed by both right and left. Under the guise of educational reform, says David Bromwich, these groups are in fact engaging in politics by other means. Bromwich argues that rivals in the debate over education have one thing in common: they believe in the all-importance of culture. Each assumes that culture confers identity, decides the terms of every moral choice, and gives a meaning to life. Both sides therefore see education as a means to indoctrinate students in specific cultural and political dogmas. By contrast, Bromwich contends that genuine education is concerned less with culture than with critical thinking and independence of mind. This view of education is not a middle way among the political demands of the moment, says Bromwich. Its earlier advocates include Mill and Wollstonecraft, and its roots can be traced to such secular moralists as Burke and Hume. Bromwich attacks the anti-democratic and intolerant premises of both right and left - premises that often appear in the conservative guise of "preserving the tradition" on the one hand, or the radical guise of "opening up the tradition" on the other. He discusses the new academic"fundamentalists" and the politically correct speech codes they have devised to enforce a doctrine of intellectual conformity; educational policy as articulated by conservative apologists George Will and William Bennett; the narrow logic of institutional radicalism; the association between personal reflection and social morality; and the discipline of literary study, where the symptoms of cultural conflict have appeared most visibly. Written with the wisdom and conviction of a dedicated teacher, this book is a persuasive plea to recover a true liberal addition in academia and government - through independent thinking, self-knowledge, and tolerance of other points of view. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.2 (2002) 239-259 [Access article in PDF] Love Against Revenge in Shelley's Prometheus David Bromwich I THE MODERNIST PREJUDICE AGAINST SHELLEY has almost disappeared, but when I talk to friends I discover that few have ever cared for his poetry, and if they go back now to read him sometimes they reinvent the prejudice. This resistance is not indifference. Shelley can disturb one's self-knowledge and (...) even one's idea of what self-knowledge may be; and in reaction against the unheard-of demand he routinely makes, one is apt to dismiss him as extravagant. Much of Shelley continues to be outside my range, and occasionally I feel him pulling farther away, as if his starting point were my outermost limit. The fact is shaming enough to prompt a decorous defensiveness. Yet in many of his most far-fetched poems, it seems to me, he justifies his procedures as one looks for a great artist to do. The main reason we find his poetry difficult is its difficulty.Shelley was a member of the first generation to accept the French Revolution as an accomplished change in the world. It was, he thought, a change for the better; he considered himself a revolutionary, though the Terror and the Napoleonic wars left their chastening mark on him. A sentence from the Preface to The Revolt of Islam, of 1817, states most clearly an intuition he held as deeply a year later when he wrote the first act of Prometheus Unbound: "There is a reflux in the tide of human things which bears the shipwrecked hopes of men into a secure haven after the storms are past." 1 Humanity, by the adaptive work of thoughts and feelings, will prove to have readied itself for any great mutation that occurs in society; so that the violence of a revolution is likely to be [End Page 239] extrinsic and unnecessary. The reasons for the assurance implicit here are brought forward in the two great prose works of his last years, A Defence of Poetry and A Philosophical View of Reform. By the time any revolution happens in life, Shelley believes, it has already happened in language, with causes that are as visible as the difference between a living and a dead metaphor. Poetry—by which he means anything imaginative and man-made whose good survives the defects of its maker—"redeems from decay the visitations of the divinity in man." He thinks that poets (including some lawgivers and social critics) are "the mirrors of the gigantic shadows which futurity casts upon the present." The last phrase, from the closing paragraph of A Defence of Poetry, seemed to Shelley important enough to be used also in A Philosophical View of Reform. For him, the principle of reform in language is identical with the principle of reform in thought and action.His doctrine belongs to the high Enlightenment, and he had accepted, more complacently, I believe, in his poetry than in his prose, the idea of the poet or thinker or man-of-mind as a bringer of light to humanity. That ideal was strong in Wordsworth too, with his conception of the poet as "the rock of defence for human nature," but in Shelley it exists in tension with another belief: that the instinct for acting and suffering at the bidding of a nature "not our own" may become as general as the appeal of the revolution now accomplished. Only in having a language for thoughts and feelings does the poet differ from other men and women. This, for Shelley, is a difference not (as it was for Wordsworth) between a speaker and a listener, but rather like that between a translator and a reader. If the poet were unique in the way a revolutionary leader is unique, he would be the protagonist of a fable of revenge that needs likewise its antagonist. Our thoughts about change go along these lines because they tend to be thoughts about contest. But in his later poetry, and in Prometheus Unbound above all, Shelley was looking at... (shrink)

Infallibilism is the view that a belief cannot be at once warranted and false. In this essay we assess three nonpartisan arguments for infallibilism, arguments that do not depend on a prior commitment to some substantive theory of warrant. Three premises, one from each argument, are most significant: if a belief can be at once warranted and false, then the Gettier Problem cannot be solved; if a belief can be at once warranted and false, then its warrant can be transferred (...) to an accidentally true belief; if a belief can be at once warranted and false, then it can be warranted and accidentally true. We argue that each of these is either false or no more plausible than its denial. Along the way, we offer a solution to the Gettier Problem that is compatible with fallibilism. (shrink)

The social sciences playa variety of multifaceted roles in the policymaking process. So varied are these roles, indeed, that it is futile to talk in the singular about the use of social science in policymaking, as if there were one constant relationship between two fixed and stable entities. Instead, to address this issue sensibly one must talk in the plural about uses of dif ferent modes of social scientific inquiry for different kinds of policies under various circumstances. In some cases, (...) the influence of social scientific research is direct and tangible, and the connection between the find ings and the policy is easy to see. In other cases, perhaps most, its influence is indirect-one small piece in a larger mosaic of politics, bargaining, and compromise. Occasionally the findings of social scientific studies are explicitly drawn upon by policymakers in the formation, implementation, or evaluation of particular policies. More often, the categories and theoretical models of social science provide a general background orientation within which policymakers concep tualize problems and frame policy options. At times, the in fluence of social scientific work is cognitive and informational in nature; in other instances, policymakers use social science primarily for symbolic and political purposes in order to le gitimate preestablished goals and strategies. Nonetheless, amid this diversity and variety, troubling general questions persistently arise. (shrink)

1. Happiness, then and now -- Happiness, eudaimonia, and practical reasoning -- Happiness as eudaimonia -- Happiness and virtuous activity -- New directions from old debates -- 2. Happiness then: the sufficiency debate -- Aristotle's case against the sufficiency thesis -- 3. Happiness now: rethinking the self -- Socrates' case for the sufficiency thesis -- Epictetus and the stoic self -- The Stoics' case for the sufficiency thesis -- The embodied conception of the self -- The embodied conception and psychological (...) well-being -- The Stoics' case against the embodied conception. (shrink)

Supererogatory acts—good deeds “beyond the call of duty”—are a part of moral common sense, but conceptually puzzling. I propose a unified solution to three of the most infamous puzzles: the classic Paradox of Supererogation (if it’s so good, why isn’t it just obligatory?), Horton’s All or Nothing Problem, and Kamm’s Intransitivity Paradox. I conclude that supererogation makes sense if, and only if, the grounds of rightness are multi-dimensional and comparative.

Sometimes it takes years of debate for philosophers to discover what it is they really disagree about. Sometimes they talk past each other in long series of books and articles, never guessing at the root disagreement that divides them. But occasionally a day comes when something happens to coax the cat out of the bag. "Aha!" one philosopher exclaims to another, "so that's why you've been disagreeing with me, misunderstanding me, resisting my conclusions, puzzling me all these years!".