This article explores sex selective abortion as a form of structural violence within the broader notion of women's ‘protection’ in contemporary India. While SSA tends to be framed more generally within ethical and choice-based frameworks around abortion access and reproductive ‘rights’, and specifically in India around preference for sons as a discriminatory, cultural, technological misogyny, this article argues that sex selective abortion in India needs to be understood as an outcome of broader systemic economic, political and social processes. The deepening (...) of neoliberal values through state policies has impacted significantly on social relations, shaping SSA as a manifestation of structural violence. State-driven policies in India reflect a neoliberal governmentality through state patriarchy that is implicit within the neoliberal developmental, governmental and capitalist paradigm of contemporary India. This article argues that SSA is structurally produced and therefore cannot be remedied through awareness-raising strategies such as beti bachao or financial inclusion as a means to ‘protect’ or ‘save the girl child’. Indeed, it is neoliberal economic forces that actively, though seemingly inadvertently, promote anti-women, sex selective abortion as a reproductive strategy, which is then disciplined through neoliberal governmentality. This highlights SSA as a form of gendered and structural, rather than discriminatory, violence. (shrink)

Sexual and gender minorities in contemporary India are formed in the interstices between the neoliberal, Hindutva state; transnational discourses of liberal democracy and sexual ‘rights’; as well as cosmopolitan culture and global LGBT movements. As is evident in recent court judgments and legislation, particularly since 2014, postcolonial Hindu nationalism has created cultural conditions where forms of queer gender are permissible while queer sexuality is generally unacceptable. In recent years, significant developments have focused on transgender communities, complicating activism surrounding sexual and (...) gender identities. By positing some identities as state-sanctioned acceptable citizens and others as not, certain ‘transgender’ individuals are conceptualised as bearers of rights while finding other facets of their identities discriminated against and maintained as illegal. The 2014 Supreme Court NALSA v. Union of India judgment and The Transgender Persons (Protection of Rights) Bill, 2016 passed by the Lok Sabha, alongside further judgments and legislation affecting wider LGBT communities, have kept discourses fixed on sexual and gender identities and their relationship to Indian citizenship at the forefront of discussions of gender justices and injustices in India today. Focusing on recent judicial and legislative developments, this paper examines how transgender rights are being granted in the context of the neoliberal, Hindutva state and considers which forms of transgender identity are currently being conceptualised as legitimate and authentic in such discourses, which can serve to bolster larger right-wing visions and ideologies of the nation and its citizens. It contemplates the ways in which gender ‘justices’, framed in relation to both transnational LGBT rights discourses and right-wing agendas, are conceptualised and played out on the bodies of sexual and gender minorities. (shrink)

Examining the ethics of long-term, career involvement by physicians in global health work is vital, given growing professional interest and potential health implications for communities abroad. However, current literature remains heavily focused on ethical considerations of short-term global health training experiences. A literature review informed our development of an ethics framework centered on two perspectives: the practitioner perspective, further subdivided into extrinsic and intrinsic factors, and community perspectives, specifically that of the host community and the physician’s home community. Some physician (...) factors included cultural/linguistic differences, power imbalances, and sustainable skills/competencies. Receiving community factors included resource limitations, standard of care disparities, and community autonomy. Home community factors focused on the opportunity cost of an unavailable physician who was trained and supported by the local community. Descriptive review permitted comparison with existing short-term literature, noting similarities and differences. Our framework provides a basis for further research and critical analysis of ethical implications of career-long physician global health work. (shrink)

Contemporary literature in philosophy of action seems to be divided overthe place of action in the natural causal world. I think that a disagreementabout ontology underlies the division. I argue here that human action isproperly understood only by reference to a category of process or activity,where this is not a category of particulars.

This essay explores the speech act of dogwhistling (sometimes referred to as ‘using coded language’). Dogwhistles may be overt or covert, and within each of these categories may be intentional or unintentional. Dogwhistles are a powerful form of political speech, allowing people to be manipulated in ways they would resist if the manipulation was carried outmore openly—often drawing on racist attitudes that are consciously rejected. If philosophers focus only on content expressed or otherwise consciously conveyed they may miss what is (...) most powerful and pernicious in the speech of political culture. This essay is a call to start paying attention to these more covert speech acts, and a first attempt at beginning to theorize them. It argues that dogwhistles present a complex and interesting case for the philosopher of language, and explores their implications for democratic politics. (shrink)

Testimony is an invaluable source of knowledge. We rely on the reports of those around us for everything from the ingredients in our food and medicine to the identity of our family members. Recent years have seen an explosion of interest in the epistemology of testimony. Despite the multitude of views offered, a single thesis is nearly universally accepted: testimonial knowledge is acquired through the process of transmission from speaker to hearer. In this book, Jennifer Lackey shows that this (...) thesis is false and, hence, that the literature on testimony has been shaped at its core by a view that is fundamentally misguided. She then defends a detailed alternative to this conception of testimony: whereas the views currently dominant focus on the epistemic status of what speakers believe, Lackey advances a theory that instead centers on what speakers say. The upshot is that, strictly speaking, we do not learn from one another's beliefs - we learn from one another's words. Once this shift in focus is in place, Lackey goes on to argue that, though positive reasons are necessary for testimonial knowledge, testimony itself is an irreducible epistemic source. This leads to the development of a theory that gives proper credence to testimony's epistemologically dual nature: both the speaker and the hearer must make a positive epistemic contribution to testimonial knowledge. The resulting view not only reveals that testimony has the capacity to generate knowledge, but it also gives appropriate weight to our nature as both socially indebted and individually rational creatures. The approach found in this book will, then, represent a radical departure from the views currently dominating the epistemology of testimony, and thus is intended to reshape our understanding of the deep and ubiquitous reliance we have on the testimony of those around us. (shrink)

Following the recent practice turn in privacy research, informational privacy is increasingly analyzed with regard to the “appropriate flow of information” within a given practice, which preserves the “contextual integrity” of that practice (Nissenbaum, 2010, p. 149; 2015). Such a practice-theoretical take on privacy emphasizes the normative structure of practices as well as its structural injustices and power asymmetries, rather than focusing on the intentions and moral considerations of individual or institutional actors. Since privacy norms are seen to be institutionalized (...) via the role obligations of the practice's participants, this approach can analyze structural and systematic privacy infringements in terms of “defective role performances and defective social relations” (Roessler & Mokrosinska, 2013, p. 780). -/- Unfortunately, it is still often somewhat unclear what this exactly means within the context of informational privacy, why these performances and relations are defective and for whom. This raises the common objection of a so-called “practice positivism” (Applbaum, 1999, p. 51), that is, the difficulty of practice–theoretical accounts to take a practice-independent standpoint, from which to normatively evaluate the existing practice norms themselves. For example, Nissenbaum herself initially argues for a “presumption in favor of the status quo” with respect to the appropriateness and flow of privacy norms within a practice (Nissenbaum, 2004, p. 127). Such a “practice conservatism” (Nissenbaum, 2010, p. 169) comes dangerously close to committing a naturalistic fallacy, if not undergirded by practice-external criteria (which is ultimately what she does). -/- Merely resorting to existing practice norms to assess what defective role performances amount to, only shifts the question from how to recognize an appropriate flow of information to the question of how to recognize those defective role performances and social relations. Against this backdrop, the central aim of this article is to shed light on this question without resorting to practice-independent first principles or far-reaching universalistic anthropological assumptions. For this, I will analyze the notion of “defective role performances and social relations” in terms of social pathologies.1 Doing so has two advantages: First of all, it can draw on already existing concepts and distinctions, which help to categorize the different levels of analysis that exist in informational privacy research and situate the notion of “defective role performances” within them (Section 1). Second, those concepts and distinctions can serve as a basis for establishing a typology of phenomena with regard to deficient practices of informational privacy (Section 4). (shrink)

Civil society organizations (CSOs) have significantly impacted on the politics of health research and the field of bioethics. In the globalHIVepidemic,CSOs have served a pivotal stakeholder role. The dire need for development of new prevention technologies has raised critical challenges for the ethical engagement of community stakeholders inHIVresearch. This study explored the perspectives ofCSOrepresentatives involved inHIVprevention trials (HPTs) on the impact of premature trial closures on stakeholder engagement. Fourteen respondents fromSouthAfrican and internationalCSOs representing activist and advocacy groups, community mobilisation initiatives, (...) and human and legal rights groups were purposively sampled based on involvement inHPTs. Interviews were conducted fromFebruary‐May 2010. Descriptive analysis was undertaken across interviews and key themes were developed inductively.CSOrepresentatives largely described positive outcomes of recent microbicide andHIVvaccine trial terminations, particularly inSouthAfrica, which they attributed to improvements in stakeholder engagement. Ongoing challenges to community engagement included the need for principled justifications for selective stakeholder engagement at strategic time‐points, as well as the need for legitimate alternatives toCABs as mechanisms for engagement. Key issues forCSOs in relation to research were also raised. (shrink)

To integrate social robots in real-life contexts, it is crucial that they are accepted by the users. Acceptance is not only related to the functionality of the robot but also strongly depends on how the user experiences the interaction. Established design principles from usability and user experience research can be applied to the realm of human–robot interaction, to design robot behavior for the comfort and well-being of the user. Focusing the design on these aspects alone, however, comes with certain ethical (...) challenges, especially regarding the user’s privacy and autonomy. Based on an example scenario of human–robot interaction in elder care, this paper discusses how established design principles can be used in social robotic design. It then juxtaposes these with ethical considerations such as privacy and user autonomy. Combining user experience and ethical perspectives, we propose adjustments to the original design principles and canvass our own design recommendations for a positive and ethically acceptable social human–robot interaction design. In doing so, we show that positive user experience and ethical design may be sometimes at odds, but can be reconciled in many cases, if designers are willing to adjust and amend time-tested design principles. (shrink)

In this collection of original essays, international scholars put Asian traditions, such as Hinduism, Buddhism, Daoism, and Confucianism, into conversation with one or more contemporary feminist philosophies, founding a new mode of inquiry that attends to diverse voices and the complex global relationships that define our world. -/- These cross-cultural meditations focus on the liberation of persons from suffering, oppression, illusion, harmful conventions and desires, and other impediments to full personhood by deploying a methodology that traverses multiple philosophical styles, historical (...) texts, and frames of reference. Hailing from the discipline of philosophy in addition to Asian, gender, and religious studies, the contributors offer a fresh take on the classic concerns of free will, consciousness, knowledge, objectivity, sexual difference, embodiment, selfhood, the state, morality, and hermeneutics. One of the first anthologies to embody the practice of feminist comparative philosophy, this collection creatively and effectively engages with global, cultural, and gender differences within the realms of scholarly inquiry and theory construction. -/- http://cup.columbia.edu/book/978-0-231-16624-9/asian-and-feminist-philosophies-in-dialogue. (shrink)

Introduction -- Elucidating complexity theories -- Complexity in the natural sciences -- Complexity in social theory -- Towards transdisciplinarity -- Complexity in philosophy: complexification and the limits to knowledge -- Complexity in ethics -- Earth in the anthropocene -- Complexity and climate change -- American dreams, ecological nightmares and new visions -- Complexity and sustainability: wicked problems, gordian knots and synergistic solutions -- Conclusion.

How, in a secular world, should we resolve ethically controversial and troubling issues relating to health care? Should we, as some argue, make a clean sweep, getting rid of the Hippocratic ethic, such vestiges of it as remain? Jennifer Jackson seeks to answer these significant questions, establishing new foundations for a traditional and secular ethic which would not require a radical and problematic overhaul of the old. These new foundations rest on familiar observations of human nature and human needs. (...) Jackson presents morality as a loose anatomy of constituent virtues that are related in different ways to how we fare in life, and suggests that in order to address problems in medical ethics, a virtues-based approach is needed. Throughout, attention is paid to the role of philosophy in medical ethics, and how it can be used to clarify key notions and distinctions that underlie current debates and controversial issues. By reinstating such concepts as justice, cardinal virtue, and moral duty, Jackson lays the groundwork for an ethics of health care that makes headway toward resolving seeming dilemmas in medical ethics today. This penetrating and accessible book will be invaluable to students of sociology and health care, as well as those who are interested in the ethical uncertainties faced by the medical world. (shrink)

Why do we find agents less blameworthy when they face mitigating circumstances, and what does this show about philosophical theories of moral responsibility? We present novel evidence that the tendency to mitigate the blameworthiness of agents is driven both by the perception that they are less normatively competent—in particular, less able to know that what they are doing is wrong—and by the perception that their behavior is less attributable to their deep selves. Consequently, we argue that philosophers cannot rely on (...) the case strategy to support the Normative Competence theory of moral responsibility over the Deep Self theory. However, we also outline ways in which further empirical and philosophical work would shift the debate, by showing that there is a significant departure between ordinary concepts and corresponding philosophical concepts, or by focusing on a different type of coherence with ordinary judgments. (shrink)

Michael Devitt ([2006a], [2006b]) argues that, insofar as linguists possess better theories about language than non-linguists, their linguistic intuitions are more reliable. (Culbertson and Gross [2009]) presented empirical evidence contrary to this claim. Devitt ([2010]) replies that, in part because we overemphasize the distinction between acceptability and grammaticality, we misunderstand linguists' claims, fall into inconsistency, and fail to see how our empirical results can be squared with his position. We reply in this note. Inter alia we argue that Devitt's focus (...) on grammaticality intuitions, rather than acceptability intuitions, distances his discussion from actual linguistic practice. We close by questioning a demand that drives his discussion—viz., that, for linguistic intuitions to supply evidence for linguistic theorizing, a better account of why they are evidence is required. (shrink)

Timothy Murphy argues in his article “In Defense of Irreligious Bioethics” (2012) that the role of religion in normative bioethics should be limited and that a viable means for limiting its role (o...

This essay addresses feminist approaches to medical aid in dying (MAID), considering whether it is a practice that should be supported for women and other marginalized groups. Some feminists have raised rights and justice-based arguments in support of MAID; others have taken a care-based approach to suggest that the practice violates relationships of care and only worsens distrust between marginalized groups and the medical establishment. I argue that we need to adopt both justice and care approaches to develop a robust (...) feminist account of MAID. I defend a woman’s right to choose death in cases of terminal illness or suffering but argue that relational concerns of care, trust, and trustworthiness must be addressed at the same time to ensure that MAID is justly practiced and accessible to all those who want it. (shrink)

Wie lässt sich der Bereich des Privaten heute genau beschreiben? Welchen Wert besitzt Privatheit in digitalisierten Gesellschaften für den Einzelnen und die Gesellschaft als Ganzes? Welche Werte und Lebensformen werden durch Privatheit geschützt, welche eingeschränkt? Entstehen durch die Informationsasymmetrie zwischen Technologieunternehmen, staatlichen Verdatungsinstitutionen und Verbrauchern/Bürgern möglicherweise neue Machtstrukturen? Welche rechtlichen Implikationen ergeben sich hieraus? Dieser Band geht diesen und anderen Fragen, die sich im Hinblick auf die etablierte Gleichung von Freiheit und Privatheit stellen, nach und versucht Antworten zu finden.

Literary beauty was once understood as intertwining sensations and ideas, and thus as providing subjective and objective reasons for literary appreciation. However, as theory and philosophy developed, the inevitable claims and counterclaims led to the view that subjective experience was not a reliable guide to literary merit. Literary theory then replaced aesthetics as did philosophy’s focus on literary truth. Along with the demise of the relevance of sensations, literary form also took a back seat. This suggested to some that either (...) literature communicated truth like any other literal form of communication or it was a mere diversion: a springboard to harmless reverie or daydreaming. Neither response satisfactorily captured what was distinctive about literature: the love readers can have for literary texts and the edification or insight claimed of works within each culture’s respective catalogue of classics. However, a concept of literary beauty has again become viable due to developments in theories of pleasure and imagination. If the defining aspect of literature is the imaginative engagement it occasions, and if this imagining is constrained by plausibility and endorsed as effective relative to our goals, ideals, and interests, then literature is not reduced to either mere fact or wish fulfillment. An account of literary beauty is available which defines literature accordingly and explains how subjective and objective reasons for appreciation intertwine to evoke pleasure and insight. (shrink)

Despite the conceptual problems in identifying the placebo effect, an increasing number of multidisciplinary inquiries rest on the assumption that there is a distinct class of effects, placebo effects. In this chapter, I argue against this assumption. I present cases and characterizations of the placebo effect as offered in the literature, and argue that the latter are subject to insurmountable problems. Moreover, I argue that identification of placebo effects as such is not useful for the three main purposes offered in (...) the literature. I then offer suggestions for why it may remain intuitive that some effects are placebo effects and close by noting the potential benefits of ultimately explaining away these intuitions. (shrink)

Jennifer Church presents a new account of perception, which shows how imagining alternative perspectives and possibilities plays a key role in creating and validating experiences of self-evident objectivity. She explores the nature of moral perception and aesthetic perception, and argues that perception can be both literal and substantive.

Decision-Making Capacity First published Tue Jan 15, 2008; substantive revision Fri Aug 14, 2020 In many Western jurisdictions the law presumes that adult persons, and sometimes children that meet certain criteria, are capable of making their own medical decisions; for example, consenting to a particular medical treatment, or consenting to participate in a research trial. But what exactly does it mean to say that a subject has or lacks the requisite capacity to decide? This question has to do with what (...) is commonly called “decisional capacity”, a central concept in health care law and ethics, and increasingly an independent topic of philosophical inquiry. -/- Decisional capacity can be defined as the ability of subjects to make their own medical decisions. Somewhat similar questions of capacity arise in other contexts, such as capacity to stand trial in a court of law and the ability to make decisions that relate to personal care and finances. However, the history behind the more general legal notions of capacity to stand trial and capacity to manage one’s life is different and operates somewhat differently in law (Roth, Meisel, & Litz 1977; Zapf & Roesch 2005). For the purposes of this discussion the notion of decisional capacity will be limited to medical contexts only; most notably, those where decisions to consent or to refuse treatment or participation in clinical research are concerned. (shrink)

This collection of ten essays elucidates some of the more challenging aspects of Anscombe’s work and affirms her reputation as one of our most original ...

Eine Neuverortung des Privaten, wie im Titel dieses Bands angekündigt – was hat es damit auf sich? Wer oder was sind die treibenden Kräfte hinter dieser Entwicklung? Warum ist sie notwendig oder zumindest sinnvoll? Was steht dabei auf dem Spiel?

Defining and identifying causal intervention effects for transmissible infectious disease outcomes is challenging because a treatment – such as a vaccine – given to one individual may affect the infection outcomes of others. Epidemiologists have proposed causal estimands to quantify effects of interventions under contagion using a two-person partnership model. These simple conceptual models have helped researchers develop causal estimands relevant to clinical evaluation of vaccine effects. However, many of these partnership models are formulated under structural assumptions that preclude realistic (...) infectious disease transmission dynamics, limiting their conceptual usefulness in defining and identifying causal treatment effects in empirical intervention trials. In this paper, we propose causal intervention effects in two-person partnerships under arbitrary infectious disease transmission dynamics, and give nonparametric identification results showing how effects can be estimated in empirical trials using time-to-infection or binary outcome data. The key insight is that contagion is a causal phenomenon that induces conditional independencies on infection outcomes that can be exploited for the identification of clinically meaningful causal estimands. These new estimands are compared to existing quantities, and results are illustrated using a realistic simulation of an HIV vaccine trial. (shrink)

This volume argues that educational problems have their basis in an ideology of binary opposites often referred to as dualism, and that it is partly because mainstream schooling incorporates dualism that it is unable to facilitate the thinking skills, dispositions and understandings necessary for autonomy, democratic citizenship and leading a meaningful life. Bleazby proposes an approach to schooling termed social reconstruction learning, in which students engage in philosophical inquiries with members of their community in order to reconstruct real social problems, (...) arguing that this pedagogy can better facilitate independent thinking, imaginativeness, emotional intelligence, autonomy, and active citizenship. (shrink)

This chapter interrogates the intersections between wealth, violence, and justice by considering two very different cases: refugees who have had their wealth taken from them, and political activists who are considering using Robin-Hood-style tactics to protest economic injustice. Ordinarily, the involuntary loss of wealth that refugees suffer, while it is viewed as an injustice, is not considered a violent injustice. However, when the involuntary redistribution of wealth is brought up in the context of resolving long-standing economic injustices, opponents cry out (...) that such redistribution would be, not only unjust, but an act of violence. This raises an interesting question: how should we view the involuntary loss, or redistribution, of wealth? Disregarding for the moment whether such involuntary losses of wealth are justified or unjustified—which might well depend on the circumstances and context—it is worth considering whether they are instances of violence. If they are, then refugees have suffered more violence than we normally recognize. If they are not, then Robin-Hood-style tactics (absent the bows and arrows) may be allowed for those who wish to engage in non-violent resistance against economic injustice in all its forms. (shrink)

Does rationality require imprecise credences? Many hold that it does: imprecise evidence requires correspondingly imprecise credences. I argue that this is false. The imprecise view faces the same arbitrariness worries that were meant to motivate it in the first place. It faces these worries because it incorporates a certain idealization. But doing away with this idealization effectively collapses the imprecise view into a particular kind of precise view. On this alternative, our attitudes should reflect a kind of normative uncertainty: uncertainty (...) about what to believe. This view refutes the claim that precise credences are inappropriately informative or committal. Some argue that indeterminate evidential support requires imprecise credences; but I argue that indeterminate evidential support instead places indeterminate requirements on credences, and is compatible with the claim that rational credences may always be precise. (shrink)

The phenomenon of pain presents problems and puzzles for philosophers who want to understand its nature. Though pain might seem simple, there has been disagreement since Aristotle about whether pain is an emotion, sensation, perception, or disturbed state of the body. Despite advances in psychology, neuroscience, and medicine, pain is still poorly understood and multiple theories of pain abound. The Routledge Handbook of Philosophy of Pain is an outstanding reference source to the key topics, problems and debates in this exciting (...) and interdisciplinary subject and is the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into nine clear parts: Modelling pain in philosophy Modelling pain in neuroscience Modelling pain in psychology Pain in philosophy of mind Pain in epistemology Pain in philosophy of religion Pain in ethics Pain in medicine Pain in law. As well as fundamental topics in the philosophy of pain such as the nature, role, and value of pain, many other important topics are covered including the neurological pathways involved in pain processing, biopsychosocial and cognitive behavioural models of pain; chronic pain; pain and non-human animals; pain and knowledge; controlled substances for pain; pain and placebo effects; and pain and physician assisted suicide. The Routledge Handbook of Philosophy of Pain is essential reading for students and researchers in philosophy of mind, philosophy of psychology and ethics. It will also be very useful to researchers of pain from any field, especially those in psychology, medicine, and health studies. (shrink)

Psychiatric ethics as professional and biomedical ethics -- The distinctiveness of the psychiatric setting -- Psychiatric ethics as virtue ethics -- Elements of a gender-sensitive ethics for psychiatry -- Some virtues for psychiatrists -- Character and social role -- Case studies in psychiatric virtues.

Most theories of affective influences on judgement and choice take a valence-based approach, contrasting the effects of positive versus negative feeling states. These approaches have not specified if and when distinct emotions of the same valence have different effects on judgement. In this article, we propose a model of emotion-specific influences on judgement and choice. We posit that each emotion is defined by a tendency to perceive new events and objects in ways that are consistent with the original cognitive-appraisal dimensions (...) of the emotion. To pit the valence and appraisal-tendency approaches against one another, we present a study that addresses whether two emotions of the same valence but differing appraisals—anger and fear—relate in different ways to risk perception. Consistent with the appraisal-tendency hypothesis, fearful people made pessimistic judgements of future events whereas angry people made optimistic judgements. In the Discussion we expand the proposed model and review evidence supporting two social moderators of appraisal-tendency processes. (shrink)

Ethical codes have been hailed as an explicit vehicle for achieving more sustainable and defensible organizational practice. Nonetheless, when legal compliance and corporate governance codes are conflated, codes can be used to define organizational interests ostentatiously by stipulating norms for employee ethics. Such codes have a largely cosmetic and insurance function, acting subtly and strategically to control organizational risk management and protection. In this paper, we conduct a genealogical discourse analysis of a representative code of ethics from an international corporation (...) to understand how management frames expectations of compliance. Our contribution is to articulate the problems inherent in codes of ethics, and we make some recommendations to address these to benefit both an organization and its employees. In this way, we show how a code of ethics can provide a foundation for ethical sustainability, while addressing management intentions and employees’ ethical satisfaction. (shrink)