COVID-19 vaccination of children has begun in various high-income countries with regulatory approval and general public support, but largely without careful ethical consideration. This trend is expected to extend to other COVID-19 vaccines and lower ages as clinical trials progress. This paper provides an ethical analysis of COVID-19 vaccination of healthy children. Specifically, we argue that it is currently unclear whether routine COVID-19 vaccination of healthy children is ethically justified in most contexts, given the minimal direct benefit that COVID-19 vaccination (...) provides to children, the potential for rare risks to outweigh these benefits and undermine vaccine confidence, and substantial evidence that COVID-19 vaccination confers adequate protection to risk groups, such as older adults, without the need to vaccinate healthy children. We conclude that child COVID-19 vaccination in wealthy communities before adults in poor communities worldwide is ethically unacceptable and consider how policy deliberations might evolve in light of future developments. (shrink)

Ilan Gur–ze’ev; Bildung and Critical Theory in the Face of Postmodern Education, Journal of Philosophy of Education, Volume 36, Issue 3, 16 December 2002, Pages.

. The nature of crime: A synthesis, following the three perspectives offered in the grammar of criminal law. Criminal Justice Ethics: Vol. 27, No. 1, pp. 91-98.

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

Bioethics, Volume 36, Issue 6, Page 687-698, July 2022.

This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis is (...) instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it. (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...) involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

Following the outbreak of the COVID-19 pandemic, authorities have issued several guidelines to curb the pandemic's disastrous effects. However, measures' effectiveness is dependent upon people's adherence to them. Therefore, it is crucial to understand the potential factors that explain guideline adherence. In the present brief research report, we investigated need for structure and trait victimhood, i.e., the tendency to feel like a victim, and their effect on fear of the pandemic, which in turn, predicted guideline adherence. Furthermore, the association between (...) fear and guideline adherence was shaped by participants' global self-efficacy: higher levels of self-efficacy predicted more guideline adherence regardless of fear levels. The present findings may be relevant to health messaging endeavors aiming to improve compliance with guidelines. (shrink)

I argue that the answer to the above question turns on three distinctions as to the meaning of content-independent reasons and the types of statement in which they feature. The first distinction is between two senses of content-independence, which I refer to as weak and strong content-independence. I argue that, while legal rules can (and often do) give rise to content-independent reasons in the weak sense, whether they can be said to generate content-independent reasons in the strong sense depends on (...) two further distinctions: first, a distinction between evaluative and descriptive statements about reasons (i.e., statements describing reasons as they figure in the internal assumption of a certain normative practice, such as law); second, a distinction between reasons for action and reasons for adopting certain attitudes. Strong content-independence, I argue, is a sound notion only insofar as it figures in descriptive reason-statements (as opposed to evaluative reason-statements) with regard to actions (as opposed to attitudes). Finally, I uncover an underlying explanation that links the different senses in which legal rules provide content-independent reasons, and accounts for the differences between them. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...) selection cases bear a relevant resemblance to wrongful life claims. The article then considers arguments that may be invoked in an attempt to reconcile the above two strands of the law. Three of these counterarguments consist in attempts to distinguish the selection cases from wrongful life claims. It is argued that these attempts fail to reveal a valid basis for treating these situations differently. A fourth possible counterargument levels against the present analysis a charge of reductio ad absurdum. It is shown that this argument suffers from a fundamental flaw caused by confusion between different senses of the term “identity”. Finally, the article discusses possible changes to the legal position that could rectify the problem. It argues that one of these changes, which focuses on legal redress for violation of personal autonomy, is particularly apt to resolve the problem at hand, but also highlights the need for further inquiry into the broader implications of introducing this form of redress into the law of torts. (shrink)

In the ongoing research of the functions of consciousness, special emphasis has been put on integration of information: the ability to combine different signals into a coherent, unified one. Several theories of consciousness hold that this ability depends on – or at least goes hand in hand with – conscious processing. Yet some empirical findings have suggested otherwise, claiming that integration of information could take place even without awareness. Trying to reconcile this apparent contradiction, the “windows of integration” hypothesis claims (...) that conscious access enables signal processing over large integration windows. The hypothesis applies to integration windows defined either temporally, spatially, or semantically. In this review, we explain the hypothesis and re-examine it in light of new studies published since it was suggested. In line with the hypothesis, these studies provide compelling evidence for unconscious integration, but also demonstrate its limits with respect to time, space, and semantic distance. The review further highlights open questions that still need to be pursued to demonstrate the applicability of the WOI hypothesis as a guiding principle for understanding the depth and scope of unconscious processes. (shrink)

Ilan Gur–ze’ev; Bildung and Critical Theory in the Face of Postmodern Education, Journal of Philosophy of Education, Volume 36, Issue 3, 16 December 2002, Pages.

Contemporary legal philosophers commonly understand the normative force of law in terms of practical reason. They sharply disagree, however, on how exactly it translates into practical reason. Notably, some have argued that the directives of an authority that meets certain prerequisites of legitimacy generate reasons for action that exclude some otherwise applicable reasons, while others have insisted that such directives can only give rise to reasons that compete with opposing ones in terms of their weight . Does the weighing model (...) provide a normative framework within which law could adequately facilitate correct decision-making? At first glance, the answer appears to be ‘yes’: there seems to be nothing about law-following values—such as coordination reasons, the desirability of social order, deferential expertise, etc.—which prevents them from being factored into our decision-making in terms of normative weight that tips the balance in favor of compliance with law inasmuch as it is worthwhile to comply with it. This impression, however, turns out to be incorrect when, drawing on a body of empirical work in psychology, I observe that many of the practical difficulties law typically addresses are difficulties that have part of their root in biases to which we are systematically susceptible in the settings of our daily activity. I argue that the frequent presence of those biases in contexts of activity which law regulates, and the pivotal role law has in counteracting them, emphatically militate against the weighing model and call for its rejection. (shrink)

Legal obligation, the focal notion of this volume, is widely thought to be bound up with the idea of authority; and it is also linked (in ways that depend on one’s conception of legal obligation) with the justifiability of authority, which will be the primary focus of this chapter. In examining the justifiability of authority, particular attention will be given to Robert Wolff’s philosophical anarchist argument and a prominent response in the form of Joseph Raz’s ‘service conception of authority’. Following (...) an introduction, I provide a brief exposition of Wolff’s claim that authority is incompatible with moral autonomy (Sect. 2). After presenting the Razian response to Wolff (Sect. 3), I consider what implications follow from Raz’s service conception of authority assuming it is correct (Sect. 4). I argue that, even if the service conception successfully meets the anarchist challenge, it does so not by entirely dissolving the tension between authority and autonomy, but through a balancing act whereby one aspect of our autonomy is comprised by another aspect of our autonomy. Finally, I consider the service conception of authority itself and point out certain vulnerabilities thereof (Sect. 5). (shrink)

Should people get vaccinated for the sake of others? What could ground—and limit—the normative claim that people ought to do so? In this paper, we propose a reasons-based consequentialist account of vaccination for the benefit of others. We outline eight harm-based and probabilistic factors that, we argue, give people moral reasons to get vaccinated. Instead of understanding other-directed vaccination in terms of binary moral duties (i.e., where people either have or do not have a moral duty to get vaccinated), we (...) develop a scalar approach according to which people can have stronger or weaker moral reasons to get vaccinated in view of the moral good of vaccination. One advantage of our approach is that it can capture why a person might have strong moral reasons to get vaccinated with Vaccine A, but only weak moral reasons to get vaccinated with Vaccine B. We discuss theoretical strengths of our approach and provide a case study of vaccination against COVID-19 to demonstrate its practical significance. (shrink)

Little of the work in critical and hermeneutical psychology has been linked to instructional technology (IT). This article provides a discussion in order to fill the gap in this direction. The article presents a brief genealogy of American IT in relation to the influence of psychology. It also provides a critical and hermeneutical framework for psychology. It then discusses some problems of psychologism focusing on positivism, metaphysics, cultural ecology, and power. The narrow psychologism in IT produces a kind of systematic (...) blindness regarding cultural, political, and other issues. IT professionals are encouraged to engage reflectively with the power‐relations and ethical issues in which they are involved. The article points out a need for looking at psychology more comprehensively (e.g. critical and hermeneutical psychology). (shrink)

There is a growing scientific interest around entrepreneurship. One central line of research examines how different personality traits and characteristics such as creativity or resilience relate to entrepreneurial intentions and behavior. In the current research, we add to this literature by focusing on trait victimhood, a trait that entrepreneurship research has overlooked and may be relevant to understanding entrepreneurial tendencies. In two studies in Israel among a sample of entrepreneurship students and a sample representing the general public, we show that (...) trait victimhood is negatively related to entrepreneurial personality and behavior. Moreover, Study 2 suggests that a strong sense of self-efficacy may buffer against trait victimhood’s adverse effects on behavioral entrepreneurship. (shrink)

In some instances, the criminal justice system is affected by a moral panic; that is, by an exaggerated social reaction to an assumed threat to moral values. When influenced by moral panic, courts...

Prophethood (nubuwwah) is a divine institution that teaches the healthy progression of relations between Allah and humans, as well as between humans and the universe. However, from another perspective, it is also considered a human institution. Some opponents of religion, lacking strong evidence to challenge the existence of Allah, direct their objections towards prophethood, which is seen as a manifestation of Allah’s attribute of speech (kalām). To counter the rejection of prophethood, scholars of theology (kalām), hadith, and Prophetic biography (sīrah) (...) have compiled a body of literature known as Dalāʾil al-nubuwwah (Proofs of Prophethood). Their aim has been to collect proofs supporting prophethood as a response to these refutations and to dispel doubts regarding it. All extraordinary events occurring from before the birth until the death of Prophet Muhammad are considered evidence.During the fifth century, a notable figure in this tradition was the Shāfiʿī scholar al-Māwardī, who defended prophethood in his book Aʿlām al-nubuwwah (The Signs of Prophethood). Aʿlām al-nubuwwah has inspired subsequent works in this field due to its clarity and robust proofs. It became known by both names, Aʿlām al-nubuwwah and Dalāʾil al-nubuwwah, as it encompassed methods of narration and debate. Within his work, al-Māwardī mentions figures like Barāhimah, Dahriyyah, and certain philosophers as representatives of the idea rejecting prophethood. According to him, Barāhimah, of Indian origin is a sect that denies prophethood despite accepting the unity of Allah. Dahriyyah is a denialist sect attributing eternity to the universe and creativity to nature. Al-Māwardī considers these philosophers as infidels due to their comments on prophethood rather than outright denial. The basis of these movements' idea of denying prophethood lies in their efforts to portray reason (ʿaql) as an alternative to revelation (waḥy). Jews and Christians, on the other hand, are portrayed as groups that accept the concept of prophethood, however they reject Muḥammad’s. prophecy. Their objection stems from the fear of their religions being superseded. Al-Māwardī counters those rejecting prophethood by addressing the public interest (maṣlaḥah) of humans, the necessity of prophets, and the role of miracles. He illustrates that prophet charged with the duty of prophethood proves it through spectacular events orchestrated by Allah but carried out through his own hand. The prophet serves the public interest by conveying matters beyond human intellect and presenting them in a comprehensible manner, thereby ensuring the worldly and eternal felicity of humanity. Furthermore, he provides evidence for the Prophet Muḥammad’s prophethood through his moral character, prophetic biography, and accounts of miracles. The biography of Prophet Muhammad’s begins before his birth, and the method of proof is used to demonstrate his prophethood. In essence, al-Māwardī’s method of proving prophethood in Aʿlām al-nubuwwah can be seen as a synthesis of the approaches used by scholars of theology and hadith. One prominent figure in this tradition during the fifth century was the Shafi'i scholar al-Māwardī who defended prophethood through his book " ʿA'lām al-Nubuwwa" (The Signs of Prophethood). In his work, al-Māwardī mentions figures like Barahima, Dahriyya, and certain philosophers as representatives of the idea rejecting prophethood. While the Jews and Christians accept the concept of prophethood, they reject the prophecy of Muhammad (P.B.U.H). These groups attempt to present logic as an alternative to divine revelation (Wahy), as their objection stems from their concern that their religions may be abrogated. Al-Māwardī responds to those who reject the institution of prophethood by addressing the public interest (maslaha) of humans, the necessity of prophets, and the role of miracles. He also provides evidence for Muhammad's (P.B.U.H) prophethood through his moral character, prophetic biography, and accounts of miracles. In short, al-Māwardī's method of proving prophethood in "A'lām al-Nubuwwa " can be seen as a synthesis of the approaches used by scholars of theology (Kalam) and hadith. (shrink)

The paper suggests that there are two different ways in which a legal system restricts an individual’s rights. It can either grant a power that revokes the legal protection of the right or it can acknowledge the infringement of a legal right and yet justify such an infringement by means of a criminal law justification. The distinction proposed by the paper has both expressive and practical implications and is useful in solving dilemmas arising in emergencies when constitutional constraints make it (...) impossible to grant the power to revoke legal protection of a basic right. In some of these situations a criminal law justification might support infringement of such a right. This claim is demonstrated by analyzing the ruling of the German Constitutional Court concerning the shooting down of a hijacked airplane in circumstances similar to those of September 11. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...) has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

COVID-19 vaccine uptake among healthcare workers (HCWs) remains of significant public health concern due to the ongoing COVID-19 pandemic. As a result, many healthcare institutions are considering or have implemented COVID-19 vaccine mandates for HCWs. We assess defenses of COVID-19 vaccine mandates for HCWs from both public health and professional ethics perspectives. We consider public health values, professional obligations of HCWs, and the institutional failures in healthcare throughout the COVID-19 pandemic which have impacted the lived experiences of HCWs. We argue (...) that, despite the compelling urgency of maximizing COVID-19 vaccine uptake among HCWs, the ethical case for COVID-19 vaccine mandates for HCWs in the United States is complex, and, under current circumstances, inconclusive. Nevertheless, we recognize that COVID-19 vaccine mandates for HCWs have already been and will continue to be implemented across many healthcare institutions. Given such context, we provide suggestions for implementing COVID-19 vaccine mandates for HCWs. (shrink)

This article follows the formulation of a new Palestinian attitude toward the Holocaust memory. It presents it as a bold challenge to past Palestinian perceptions of and attitudes toward the Holocaust memory. This novel Palestinian stance connects the Holocaust memory to the memory of the Nakbah, the Palestinian catastrophe of 1948. It is part of a critical deconstruction of the manipulation of collective memory in the service of nationalism. The authors of this article respond by providing their own deconstruction of (...) the memory's manipulation on both the Israeli and the Palestinian side of the divide. This additional analysis is meant to contribute to a dialogue that would enable us to explore further the dialectical relationship between the Holocaust and Nakbah memory in the Arab-Israeli conflict. This is not a mere academic exercise. Like others who had already participated in this dialogue, the authors believe firmly that such an exposure is a precondition for the elimination of the violence, direct or symbolic, from Israeli-Palestinian coexistence. (shrink)

This paper characterizes a present institutionalizedunwillingness of both the Israeli and Palestinian educationalsystems to acknowledge each other's suffering because of the presenceof what the author terms `the otherness of the other.' This isdone largely through hegemonic control of memory of genocidesendured by both and through limiting constructions of the self.Coming to terms with `each other' paves the way for ahumanistic-oriented counter-education, one based in mutualacknowledgment and open dialogue.

Reid's discernment between a ‘relative’ and a ‘distinct’ conception plays a significant role in his theory of secondary and primary qualities and in his postulations on ‘instinctive’ and ‘rational’ aesthetic perceptions. However, relative conceptions and, hence, the relative/distinct conception discernment, are absent from one model of aesthetic perception which Reid endorses, as well as from his theory of ‘moral approbation’. This paper aims (1) to explore the importance of Reid's relative/distinct discernment for the conception of qualities and aesthetic features and (...) (2) to point out and explain the significance of a different model of conception, which excludes relative conception, embraced by Reid for a certain context of aesthetic perception and for moral approbation. (shrink)

Reflections on the various articles which will be published in the criminal law and philosophy dedicated to my retirement.

Deep neural networks (DNNs) are not just inadequate models of the visual system but are so different in their structure and functionality that they are not even on the same playing field. DNN units have almost nothing in common with neurons, and, unlike visual neurons, they are often fully connected. At best, DNNs can label inputs, while our object perception is both holistic and detail preserving. A feat that no computational system can achieve.