Applied Ethics, Misc

Published in The Aesthetics and Ethics of Copying, Bloomsbury Press, October 2016.

Ticking time-bomb cases famously—or infamously—invite us to imagine a scenario wherein the torture of one guilty terrorist will lead to the acquisition of information that can be used to save the lives of many innocents. Despite the contemporary focus on such cases, they have a long tradition, dating to the early 1800s. And, throughout their history, they have appeared in various guises, from the literary to the public to the philosophical. The principal moral question suggested by these cases is whether (...) one harm can be effected such that a worse one is not; while there is certainly dissent, most moral philosophers would answer this question in the affirmative. That said, there is substantial doubt as to whether torture would be the lesser harm or, more generally, whether ticking time-bomb cases gain any purchase in the real world or are otherwise relegated to philosophical fiction. But even if they gain such purchase, then what? In other words, even if torture can be morally justified in exceptional cases, should we authorize it? I n the literature—and conceptually—there are three basic approaches to authorizing torture. The first is not to authorize it at all, which is to say that torture—even if justified—requires some sort of punishable civil disobedience . Another approach is to authorize torture ex ante, such as through torture warrants. On this approach, torture remains prohibited except for when a judge grants permission for its application. Torture warrants have been defended by Alan Dershowitz, and we will evaluate that debate . Finally, torture can be legitimized ex post, which is to say that torture remains illegal but can nevertheless be justified or excused; our discussion will focus on the justifications of self-defense and necessity. (shrink)

In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories, then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism will prove especially recalcitrant to granting moral license of torture, even in idealized cases. (...) Rather than let the Kantian derail my central argument, I directly argue against Kantianism on the grounds that, if they cannot accommodate the intuitions in ticking time-bomb cases, they simply cannot be plausible moral views—these arguments come in both foundationalist and coherentist strains. Finally, I postulate that, even if this paper has dealt with idealized cases, it paves the way for the justification of torture in the real world by removing some candidate theories and allowing others that both could and are likely to justify real-world torture. (shrink)

Martha Nussbaum’s Hiding from Humanity is eloquent and thought-provoking. I criticize some of her central arguments, particularly her construal of disgust and her exposition of shame. But I applaud the book as a whole. It is possible that richness and engagement are more important in the work of public intellectuals than is technical precision. If so, Nussbaum has fulfilled her role. It is more likely that both qualities are important, but difficult to combine. In that case, we can still thank (...) her for having given us much of great significance to think about. (shrink)

This article examines the responses of two communities to hate crimes in their cities. In particular it explores how community understandings of responsibility shape collective responses to hate crimes. I use the case of Bridesberg, Pennsylvania to explore how anti-racist work is restricted by backward-looking conceptions of moral responsibility (e.g. being responsible). Using recent writings in feminist ethics.(1) I argue for a forward-looking notion that advocates an active view: taking responsibility for attitudes and behaviors that foster climates in which hate (...) crimes are more likely to occur, even when a person's individual actions do not contribute directly to harms. Using the case of Billings, Montana, I explain how recent Not In Our Town campaigns take responsibility for hate crimes in the ways feminist literature suggests. -/- I take as my point of departure hate crimes committed against the family of Bridget Ward, an African American woman, who moved into the suburb of Bridesburg in 1996. When issues of responsibility for racism arose in the local press, most Bridesbergers insisted that their community was not racist; they blamed only the individual vandals. This narrow blame-assigning focus is in keeping with most Anglo-American definitions of responsibility as belonging essentially to individuals and not to communities. Traditionally, moral and legal theory construct responsibility from a perspective that looks downward and back. These perspectives are preoccupied with punishment and reward, praise and blame; they assume justice is done when guilty parties are found and tried. -/- This focus masks deeper community problems. As Elizabeth Spelman remarks, "tolerance is easy if those who are asked to express it need not change a whit." (2) Focus on praise and blame is, in part, a function of race privilege. Bridesberg is 98% white, and part of "the arrogance whitely behavior" is positioning one's self as a judge, expert, and problem solver. (3) The view from this particular subject position limits attention to individuals and their actions, rather than to communities and their practices; it shifts attention away from the fact that Bridesberger's collective practice of distrusting outsiders has lead to hate crimes in the past. Pointing to vandals and claiming "they are racist" does not free one's community of racism. It reinscribes a community spirit that is resistant to change. -/- The second part of this essay explores what communities like Bridesberg might have done to prevent violence. Often there is little individuals alone can do to stop racial violence, but that there is a sense in which community members are obligated to organize themselves. Strategies that focus community responsibility on retribution rather than long-term change, are short lived and ineffective. Anti-racist activism requires a forward-looking view of responsibility: one that aims at inoculating the community against increased risk of violence. This requires taking responsibility for the fact that one's town might foster climates in which hate crimes are more likely to occur. It requires that we begin inquiry in the lives of those harmed. -/- Collective citizen efforts to prevent Aryan groups from gaining a foothold in Billings, Montana offers a clear illustration of how to take responsibility for hate crimes using strategies designed consciously to prevent further hate crimes (e.g., when Black Churches were threatens, all community members attended services there; when a rock was thrown through a window with a menorah, many homes displayed menorahs). The community responses in Billings are a stark contrast to those of Bridesburg, and serve as a powerful example of how forward-looking notions of responsibility can translate into effective political strategy. Although, these strategies are not in and of themselves feminist, they are powerful illustrations of what feminists mean by forward-looking views. The success of resident's collective action and coalition building gave rise to a national Not In Our Town campaign used in about a dozen cities today. (shrink)

In this book, Christian Barry and Sanjay G. Reddy propose ways in which the international trading system can support poor countries in promoting the well-being of their peoples.

In this essay we argue that an agent’s failure to assist someone in need at one time can change the cost she can be morally required to take on to assist that same person at a later time. In particular, we show that the cost the agent can subsequently be required to take on to help the person in need can increase quite significantly, and can be enforced through the proportionate use of force. We explore the implications of this argument (...) for the duties of the affluent to address global poverty. (shrink)

There is a class of views about our moral relations with non-human animals that share the idea that animals do not matter directly for ethical purposes: whatever duties or obligations we have with respect to animals are indirect, connected somehow to other duties or obligations – to other human beings, for example – in which the well-being or interests of animals do not figure. Criticisms of indirect duty theories have often focused either upon denying the link that is supposed to (...) exist between how we treat animals and how or whether we discharge other obligations or upon denying that the indirect duty theorist has an adequate account of the animal-related duties we are confident that we have. I shall not pursue either of these options. Instead, I shall argue, first, that there is a tension within the indirect duty theorist’s view that makes it doubtful that anything will enable him to get what he wants from a theory, and second, that even if the necessary link between the way animals and humans are treated is assumed to be present, it will turn out that its best explanation will imply that there are direct duties to animals after all. (shrink)

Wieviel Ethik braucht der Mensch, wieviel Ethik braucht die Wissenschaft? Vor dem aktuellen Hintergrund einer gewandelten Wissenschaftsgesellschaft von hoher Entwicklungsdynamik geht es darum, Anleitung zu ethischer Selbst- und Situationsreflexion zu geben. Denn die spektakulären Errungenschaften nicht nur im Bereich der Biomedizin haben jedenfalls vorübergehend Zonen von moralischer und ethischer Ratlosigkeit geschaffen. Sie eröffnen Spielräume, von denen nicht sicher ist, ob sie genutzt werden dürfen und sollten. Die Empfindlichkeit gegenüber den Nachteilen und Risiken der technisch-wissenschaftlichen Zivilisation ist jedenfalls dort, wo die (...) Möglichkeiten verfügbar sind, so weit gestiegen, dass sich ihre praktische Nutzung längst nicht mehr von selbst versteht. Auch das Recht ist derzeit weder auf der nationalen noch auf der internationalen Ebene in der Lage, überzeugende Handlungsanleitung zu geben. Welche Ziele und Mittel mit den neuen Möglichkeiten aber verfolgt werden dürfen, ist in der Tat eine Frage nach der Legitimität von Bedürfnissen und der Angemessenheit der Mittel. Nicht zuletzt appelliert sie (die Empfindlichkeit gegenüber den Errungenschaften der wissenschaftlich-technischen Gesellschaften?) potentiell auch an die Tugend der Selbstbeschränkung, die vielleicht dort noch wirksam wird, wo andere Steuerungsmechanismen versagen oder zu schwach sind. Diese komplexe Problemlage bei der Suche nach einer neuen Wertordnung an den Grenzen der Anwendung von Forschung und Wissenschaft hat der Ethik derzeit eine unerwartete Konjunktur beschert. (shrink)

Der vorliegende Beitrag zielt auf eine Untersuchung der ethischen Implikationen von Assistenzsystemen am Arbeitsplatz – einer technischen Lösung für die Förderung der beruflichen Qualifikation von Menschen mit geistigen Behinderungen. Mein Ausgangspunkt ist die Feststellung, dass es durch den technologischen Fortschritt im Bereich der Mensch-Maschine-Interaktion heute möglich ist, solche technischen Assistenzsysteme am Arbeitsplatz einzusetzen. In diesem Beitrag entwickle ich eine These hinsichtlich des moralischen Werts solcher Systeme. Das Ergebnis meiner Untersuchung ist, dass Assistenzsysteme am Arbeitsplatz einzusetzen nicht nur moralisch erlaubt ist, (...) sondern dass sich ihr Einsatz darüber hinaus sogar ethisch befürworten lässt. Meine Kernthese lautet, dass ihr ethisch ausschlaggebender Wert in dem Beitrag liegt, den sie zur beruflichen Inklusion von Menschen mit geistigen Behinderungen leisten können. Ich argumentiere dafür, dass Assistenzsysteme am Arbeitsplatz dabei helfen können, dass Menschen mit kognitiven Beeinträchtigungen ihren Platz im Arbeitsleben finden. Das heißt, sie eröffnen ihnen einen Zugang zur Arbeitswelt, die ihnen ohne sie verschlossen bliebe oder von der sie zumindest eklatant von Ausschluss bedroht wären. Folgt man meiner Argumentation, so sind Assistenzsysteme am Arbeitsplatz also deshalb ethisch gut, weil sie dazu beitragen, das Ideal einer inklusiven Arbeitswelt zu verwirklichen. (shrink)

This dissertation seeks to investigate what Nietzsche sees a being the origin of morality. The various systems of morality and ethics that make up specific religious practises and different ideologies are all derived from a similar system of cruelty and seemingly arbitrary ritualizations of behaviours.

Influenced by the story of Gilad Shalit and September 11th victims, this article discusses the everlasting argument of the value of human life in different cultures and from different perspectives. Upon examinations of basic legislations through eye-opening cases of cultural relativism, we raise questions and suggest our own opinion on the unbearable manner in which human life is perceived in the 21st Century.

Abstract In a context of human demographic, technological and economic pressure on natural systems, we face some demanding challenges. We must decide 1) whether to “preserve” nature for its own sake or to “conserve” nature because nature is essentially a reservoir of goods that are functional to humanity’s wellbeing; 2) to choose ways of life that respect the biodiversity and evolutionary potential of the planet; and, to allow all this to come to fruition, 3) to clearly define the role of (...) scientific expertise in a democratic society, recognizing the importance of biospheric equilibrium. In fact, in socio-scientific controversies, which are characterized by complex linkages between some life and environmental sciences objects and economic, political and ethical issues, a posture of transparent, impartial commitment is appearing, more and more, as a deontological necessity. (shrink)

The essay investigates the philosophical practice, firstly focusing on its method and relationship with applied ethics. Afterwards, it explores some applied ethics issues regarding philosophical practice like the therapeutic issue, the risk of philosophical illnesses, the interaction between intellect and will as well as the healthy human understanding. In this way, it aims to outline some paths that can be fruitfully explored by philosophical practitioners and academic researcher together.

Monographic issue of "Teoria" (Vol. 36, No. 2) devoted to the so-called "applied ethics". It offers an introduction to the main studies, while providing precise theoretical proposals about them, thanks to the contributions of valid specialists.

The relevance of context has been acknowledged also recently as a fundamental element for the correct evaluation of argumentative moves within institutional fields of interaction. Indeed, not considering the larger culture-specific and social features of the context within which the interactions take place poses problems of interpretation of the data and comparability of results. Starting from these considerations, the paper aims at discussing a model for the description of the social context of interaction that may allow for a better interpretation (...) and evaluation of argumentative moves within medical consultations. The efficacy of the model is shown by applying it to the description and analysis of examples of real-life consultations recorded in the Italian region of Lombardy. In the first section, the model for the description of the social context of interaction is presented and discussed. In the second section, examples of argumentative passages from a selection of consultations are presented and commented on by relying on the model. Some concluding remarks and further developments of the research are proposed in the final section Keywords: communication context, argumentation in context, situated discourse, medical consultation. (shrink)

Against the background of not-so-distant debate regarding “enhanced” interrogation techniques used by the United States during the wars in Iraq and Afghanistan, which many understand to be torture, this essay explores the moral complexities of “ordinary” interrogation practices, those that are clearly not forms of torture. Based on analysis of the written reflections of two United States interrogators on the work they did during the Iraq war, I categorize the roles played by multiple modes of empathy within interrogation and argue (...) that empathetic responsiveness within the context of military interrogation poses a significant threat to the moral integrity of interrogators. (shrink)

Here I summarise the main arguments in Delusions and Other Irrational Beliefs [1]. The book addresses the question whether there is a rationality constraint on belief ascription and defends a doxastic account of clinical delusions.

In this paper I argue that there is no moral justification for the conviction that rights should be reserved to humans. In particular, I reject James Griffin’s view on the moral relevance of the cultural dimension of humanity. Drawing from the original notion of individual right introduced in the Middle Ages and the development of this notion in the eighteenth century, I emphasise that the practice of according rights is justified by the interest in safeguarding the powers of reason and (...) autonomy that some individuals can exercise. Since we are in no position to rule out that non-humans can exercise these capacities, I conclude that rights should not be reserved to humans. This will lead to a reformulation of the reasons why so-called ‘marginal’ humans and non-human animals can be granted some basic rights. Being human is neither necessary nor sufficient for holding rights. All individuals, human or non-human, who can exercise reason and autonomy to some extent can be accorded basic rights in virtue of their having morally relevant preferences. (shrink)

The Health Impact Fund (HIF) is a project aimed at expanding access to life-saving drugs worldwide and incentivizing pharmaceutical companies to invest in research and development for neglected diseases. The HIF would invert the existing patent framework by rewarding ideas through their diffusion rather than protecting against this diffusion, by encouraging a collective rather than privatized wealth scheme. The basic idea behind the HIF is the creation of a new competitive market that centers on individuals who, under normal circumstances, exert (...) very little force on the tide of market demand. The HIF does not operate on standard market measures of demand, but instead measures demand as a product of needs, while in conventional market scenarios, private citizens and national welfare states pay for needs. The idea is that the HIF would create a functional, competitive market in which pharmaceutical profit is determined by the actual health impact of each new drug, a measure born from pharmacological and distributive efficacy. In this article, the basic features of and main challenges to the HIF are addressed. (shrink)

Considerations of objective-value freedom and status freedom do impose constraints on policies that restrict access to cigarettes. As to the objective-value freedom, something of value is lost when anti-alcohol policies lead to pub closures interfering with valued life styles, and a similar, though weaker, argument can be made for cigarettes. As to status freedom, non-arbitrariness requires consultation with vulnerable populations to learn what might aid them with smoking cessation.

Choice often proceeds in two stages: We construct a shortlist on the basis of limited and uncertain information about the options and then reduce this uncertainty by examining the shortlist in greater detail. The goal is to do well when making a final choice from the option set. I argue that we cannot realise this goal by constructing a ranking over the options at shortlisting stage which determines of each option whether it is more or less worthy of being included (...) in a shortlist. This is relevant to the 2010 UK Equality Act. The Act requires that shortlists be constructed on grounds of candidate rankings and affirmative action is only permissible for equally qualified candidates. This is misguided: Shortlisting candidates with lower expected qualifications but higher variance may raise the chance of finding an exceptionally strong candidate. If it does, then shortlisting such candidates would make eminent business sense and there is nothing unfair about it. This observation opens up room for including more underrepresented candidates with protected characteristics, as they are more likely to display greater variance in the selector’s credence functions at shortlisting stage. (shrink)

I investigate what, if anything, can be said in defense of Volkswagen's decision to install a cheat device in their diesel engines to evade NOx emission testing.

We construct novel measures to assess (i) the extent to which European Union member states are using common standards in recognizing asylum seekers and (ii) the extent to which the responsibilities for asylum applications, acceptances and refugee populations are equally shared among the member states, taking into account population size, gross domestic product (GDP) and GDP expressed in purchasing power parity (GDP-PPP). We track the progression of these measures since the implementation of the Treaty of Amsterdam (1999). These measures display (...) divergent trends and we try to provide an interpretation of the dynamics that are constitutive of these trends. (shrink)

Dogged resistance to demanding moral views frequently takes the form of The Demandingness Objection. Premise (1): Moral view V demands too much of us. Premise (2): If a moral view demands too much of us, then it is mistaken. Conclusion: Therefore, moral view V is mistaken. Objections of this form harass major theories in normative ethics as well as prominent moral views in applied ethics and political philosophy. The present paper does the following: (i) it clarifies and distinguishes between various (...) demandingness objections in the philosophical literature, (ii) identifies a formidable and interesting form of the demandingness objection that targets a wide scope of moral views, and (iii) defuses this objection by developing a local skeptical argument from unreliability the form of which may, interestingly, be effectively deployed in other areas of philosophy. (shrink)

In this paper, I critically summarize John Cartwrtight’s Evolution and Human Behavior and evaluate what he says about certain moral implications of Darwinian views of human behavior. He takes a Darwinism-doesn’t-rock-the-boat approach and argues that Darwinism, even if it is allied with evolutionary psychology, does not give us reason to be worried about the alterability of our behavior, nor does it give us reason to think that we may have to change our ordinary practices and views concerning free-will and moral (...) responsibility. In response, I contend that Darwinism, when it is allied with evolutionary psychology, makes for a more potent cocktail than Cartwright suspects. (shrink)

£ British Society of Aesthetics 2017. Published by Oxford University Press on behalf of the British Society of Aesthetics. All rights reserved. For Permissions, please email: journals.permissions@oup.comThis unique and sprawling collection of sixteen essays explores a wide range of perspectives on the human body and how it is embodied, lived, viewed, perceived, and constructed by ourselves and by others in both positive and harmful ways. The book’s contributors include philosophers, sociologists, anthropologists, and artists, as well as scholars who focus on (...) law, culture, and on Africana, race, gender, sexuality, and disability studies. In addition, the authors represent a diverse group of scholars whose personal and societal experiences are also part of the discussion. Centred in philosophical aesthetics, this book moves into and explores fields of everyday and somatic experience, evolutionary psychology, art, ethics, personal identity, and socio-political status and treatment. It shows how bodies are... (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)

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)

Common wisdom includes expressions such as “there is no accounting for taste'’ that express a widely-accepted subjectivism about taste. We commonly say things like “I can’t stand anything with onions in it'’ or “Oh, I’d never eat sushi,'’ and we accept such from our friends and associates. It is the position of this essay that much of this language is actually quite unacceptable. Without appealing to complete objectivism about taste, I will argue that there are good reasons to think that (...) there will be fairly wide agreement between experienced palates on aesthetic preferences, and that this result will not necessarily agree with unexperienced and unreflective opinions on the matter. Subjectivism about aesthetic preference can be taken to justify the practice of picking eating (after all, who is better to say what I’ll enjoy than me?), while the position of this paper is that such picky eating is a moral failing. To be a picky eater is to have a significant lack of openness to new experiences. It involves an irresponsible level of fallibilism with respect to taste. Never venturing into new aesthetic landscapes leads to a sort of repetitiveness, which in turn leads to a life full of blandness and banality. (shrink)

A critique of a reductionist theory of intentionality by Ansgar Beckermann.

This paper discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are then applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological. It is argued (...) that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, it should give rise to special moral obligations. Using the notion of residual obligation, these obligations are defended, categorized and clarified. (shrink)

Writing to the young emperor Nero, Seneca elaborates a sophisticated distinction between compassion and mercy for use in forensic contexts, agreeing with earlier Stoics that compassion is a vice, but adding that there is a virtue called mercy or 'clemency.' This Stoic repudiation of compassion has won the attention of Nussbaum, who argues that it was motivated by a respect for persons as dignified agents, and was of a piece with the Stoics' cosmopolitanism. This chapter engages Nussbaum's presentation of the (...) Stoics, examining Seneca’s On Clemency and Epictetus' use of the term prohairesis, showing that while there is some truth in her characterization, it needs to be qualified in important ways. It also analyzes Augustine's engagement with Seneca's On Clemency in the City of God 9.5, and in his letters concerning punishment for vandalism, theft, and human trafficking. It argues that Augustine has a nuanced mercy ethic that is deeply informed by Seneca's position, but that he intentionally improves upon it. (shrink)