Although vicarious liability for the acts of co-conspirators is firmly entrenched in federal courts, no adequate theory explains how the act and intention of one conspirator can be attributed to another, simply by virtue of their criminal agreement. This Article argues that the most promising avenue for solving the Pinkerton paradox is an appeal to the collective intention of the conspiratorial group to commit the crime. Unfortunately, misplaced skepticism about the notion of a group will has prevented criminal scholars from (...) embracing the notion of a conspiracy's collective intention to commit a crime. However, positing group intentions requires only that the criminal law recognize the rational relationships between individuals who decide to collectivize reason to pursue a common criminal goal; no burdensome theory of corporate animals with unified minds is required. After exploring the different rational structures that a conspiracy can have, the Article outlines the circumstances when vicarious liability could be justified. Specifically, liability must be limited to participants in tightly knit conspiracies who engage in the kind of common deliberation that is capable of yielding collective intentions. A further consequence of this theory is that liability must be restricted to acts that fall within the scope of the criminal plan, not just acts that should have been reasonably foreseeable to members of the conspiracy. (shrink)

Governing Europe is the first book to systematically link Michel Foucault's hypotheses on power and 'governmentality' with the study of European integration. Through a series of empirical encounters that spans the fifty-year history of European integration, it explores both the diverse political dreams that have framed means and ends of integration and the political technologies that have made 'Europe' a calculable, administrable domain. The book illustrates how a genealogy of European integration differs from conventional approaches. By suspending the assumption that (...) we already know what/where Europe is, it opens a space for analysis where we can ask: how did Europe come to be governed as this and not that? The themes covered by this book include: * the different constructions of Europe within discourses of modernization, democratization, insecurity and 'governance' * the imprint of modernism, liberalism, ordoliberalism, neoliberalism and crime on the identity of the European Community/European Union * the historical relationship between European government and specific technologies of power, technologies as diverse as planning, price control, transparency and benchmarking. (shrink)

The dramatic events of the crisis have reignited debates on the independence of central banks and the scope of their mandates. In this article, I contribute to the normative understanding of these developments by discussing John Rawls’s position in debates of the 1950s and 1960s on the independence of the US Federal Reserve. Rawls’s account of the central bank in his property-owning democracy, Democratic Central Banking, assigns authority over monetary policy directly to the government and prioritizes low unemployment over price (...) stability. I contrast DCB with Central Bank Independence, which requires that the central bank is independent of the government and pursues low inflation. I evaluate DCB by asking whether justice as fairness requires democratic control of the central bank and argue that it does not. Instead, so I argue, the choice between DCB and CBI should be justified in terms of the difference principle. By reflecting on central banking in a property-owning democracy, I cast new light on the Rawlsian realistic utopia of a just capitalist society, while also investigating democratic objections to today’s independent central banks. (shrink)

It comes as no surprise that, for the first time in nearly 15 years, a serious debate has emerged about the need to ensure quality, affordable coverage for all Americans. The statistics and stories about cost, coverage, and quality shortcomings abound and are indisputable. Setting the human consequences aside, the economic, budgetary competitiveness and demographic challenges facing the nation demand pragmatic and comprehensive reform. As health care costs weigh down businesses and workers alike as well as federal, state, and local (...) governments, stakeholders and forward-looking policymakers have started the drum-beat of reform — to the relief of most Americans. (shrink)

With the outbreak of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), global researchers were confronted with major challenges. The German National Pandemic Cohort Network (NAPKON) was launched in fall 2020 to effectively leverage resources and bundle research activities in the fight against the coronavirus disease 2019 (COVID-19) pandemic. We analyzed the setup phase of NAPKON as an example for multicenter studies in Germany, highlighting challenges and optimization potential in connecting 59 university and nonuniversity study sites. We examined the ethics application (...) process of 121 ethics submissions considering durations, annotations, and outcomes. Study site activation and recruitment processes were investigated and related to the incidence of SARS-CoV-2 infections. For all initial ethics applications, the median time to a positive ethics vote was less than two weeks and 30 of these study sites (65%) joined NAPKON within less than three weeks each. Electronic instead of postal ethics submission (9.5 days (Q1: 5.75, Q3: 17) vs. 14 days (Q1: 11, Q3: 26), p value = 0.01) and adoption of the primary ethics vote significantly accelerated the ethics application process. Each study center enrolled a median of 37 patients during the 14-month observation period, with large differences depending on the health sector. We found a positive correlation between recruitment performance and COVID-19 incidence as well as hospitalization incidence. Our analysis highlighted the challenges and opportunities of the federated system in Germany. Digital ethics application tools, adoption of a primary ethics vote and standardized formal requirements lead to harmonized and thus faster study initiation processes during a pandemic. (shrink)

According to the “deprivation approach,” a person’s death is bad for her to the extent that it deprives her of goods. This approach faces the Lucretian problem that prenatal non-existence deprives us of goods just as much as death does, but does not seem bad at all. The two most prominent responses to this challenge—one of which is provided by Frederik Kaufman (inspired by Thomas Nagel) and the other by Anthony Brueckner and John Martin Fischer—claim that prenatal non-existence is relevantly (...) different from death. This paper criticizes these responses. (shrink)

Does life have meaning? What is flourishing? How do we attain the good life? Philosophers, and many others of us, have explored these questions for centuries. As Eva Feder Kittay points out, however, there is a flaw in the essential premise of these questions: they seem oblivious to the very nature of the ways in which humans live, omitting a world of co-dependency, and of the fact that we live in and through our bodies, whether they are fully abled (...) or disabled. Our dependent, vulnerable, messy, changeable, and embodied experience colors everything about our lives both on the surface and when it comes to deeper concepts, but we tend to leave aside the body for the mind when it comes to philosophical matters. Disability offers a powerful challenge to long-held philosophical views about the nature of the good life, what provides meaning in our lives, and the centrality of reason, as well as questions of justice, dignity, and personhood. These concepts need not be distant and idealized; the answers are right before us, in the way humans interact with one another, care for one another, and need one another--whether they possess full mental capacities or have cognitive limitations. We need to revise our concepts of things like dignity and personhood in light of this important correction, Kittay argues. This is the first of two books in which Kittay will grapple with just how we need to revisit core philosophical ideas in light of disabled people's experience and way of being in the world. Kittay, an award-winning philosopher who is also the mother to a multiply-disabled daughter, interweaves the personal voice with the philosophical as a critical method of philosophical investigation. Here, she addresses why cognitive disability can reorient us to what truly matters, and questions the centrality of normalcy as part of a good life. With profound sensitivity and insight, Kittay examines other difficult topics: How can we look at the ethical questions regarding prenatal testing in light of a new appreciation of the personhood of disabled people? What do new possibilities in genetic testing imply for understanding disability, the family, and bioethics? How can we reconsider the importance of care, and how does it work best? In the process of pursuing these questions, Kittay articulates an ethic of care, which is the ethical theory most useful for claiming full rights for disabled people and providing the opportunities for everyone to live joyful and fulfilling lives. She applies the lessons of care to the controversial alteration of severely cognitively disabled children known as the Ashley Treatment, whereby a child's growth is halted with extensive estrogen treatment and related bodily interventions are justified. This book both imparts lessons that advocate on behalf of those with significant disabilities, and constructs a moral theory grounded on our ability to give, receive, and share care and love. Above all, it aims to adjust social attitudes and misconceptions about life with disability. (shrink)

In this article I discuss the question of whether a person’s existence can be better (or worse) for him than his non-existence. Recently, Nils Holtug and Melinda A. Roberts have defended an affirmative answer. These defenses, I shall argue, do not succeed. In different ways, Holtug and Roberts have got the metaphysics and axiology wrong. However, I also argue that a person’s existence can after all be better (or worse) for him than his non-existence, though for reasons other than those (...) provided by Holtug and Roberts. (shrink)

This Introduction to the collection of essays surveys the philosophical literature to date with respect to five central questions: justice, care, agency, metaphilosophical issues regarding the language and representation of cognitive disability, and personhood. These themes are discussed in relation to three specific conditions: intellectual and developmental disabilities, Alzheimer's disease, and autism, though the issues raised are relevant to a broad range of cognitive disabilities. The Introduction offers a brief historical overview of the treatment cognitive disability has received from philosophers, (...) and explains the specific challenges that cognitive disability poses to philosophy. In briefly summarizing the essays in the collection, it highlights the distinctive contributions the collection makes to ethics, political philosophy, bioethics, and the philosophy of disability. We hope that the richness of the topics explored by these essays will be a spur to further investigation. (shrink)

According to the standard version of the counterfactual comparative account of harm, an event is overall harmful for an individual if and only if she would have been on balance better off if it had not occurred. This view faces the “preemption problem.” In the recent literature, there are various ingenious attempts to deal with this problem, some of which involve slight additions to, or modifications of, the counterfactual comparative account. We argue, however, that none of these attempts work, and (...) that the preemption problem continues to haunt the counterfactual comparative account. (shrink)

In a recent article, I criticized Anthony L. Brueckner and John Martin Fischer’s influential argument—appealing to the rationality of our asymmetric attitudes towards past and future pleasures—against the Lucretian claim that death and prenatal non-existence are relevantly similar. Brueckner and Fischer have replied, however, that my critique involves an unjustified shift in temporal perspectives. In this paper, I respond to this charge and also argue that even if it were correct, it would fail to defend Brueckner and Fischer’s proposal against (...) my critique. (shrink)

In this paper, we present and defend an analysis of harm that we call the Negative Influence on Well-Being Account (NIWA). We argue that NIWA has a number of significant advantages compared to its two main rivals, the Counterfactual Comparative Account (CCA) and the Causal Account (CA), and that it also helps explain why those views go wrong. In addition, we defend NIWA against a class of likely objections, and consider its implications for several questions about harm and its role (...) in normative theorizing. (shrink)

This chapter contains sections titled: Why Philosophy and Cognitive Disability? Historical Overview Discussion of Themes and the Chapters Concluding Remarks References.

Derek Parfit famously defends a number of surprising views about "fission." One is that, in such a scenario, it is indeterminate whether I have survived or not. Another is that the fission case shows that it does not matter, in itself, whether I survive or not. Most critics of the first view contend that fission makes me cease to exist. Most opponents of the second view contend that fission does not preserve everything that matters in ordinary survival. In this paper (...) I shall provide a critique that does not rely on either of these contentions. There are other, interrelated reasons to reject Parfit's defense of the two theses. In particular, the availability of the following view creates trouble for Parfit: I determinately survive fission, but it is indeterminate which fission product I am. (shrink)

A prominent objection to the counterfactual comparative account of harm is that it classifies as harmful some events that are, intuitively, mere failures to benefit. In an attempt to solve this problem, Duncan Purves has recently proposed a novel version of the counterfactual comparative account, which relies on a distinction between making upshots happen and allowing upshots to happen. In this response, we argue that Purves’s account is unsuccessful. It fails in cases where an action makes the subject occupy a (...) high well-being level though one of the available alternatives would have made it even higher. In fact, it fails even in some cases where each of the available alternatives to the action that was actually performed would have made the subject’s well-being level lower. (shrink)

Following extensive examination of published and unpublished materials, we provide a history of the use of dexamethasone in pregnant women at risk of carrying a female fetus affected by congenital adrenal hyperplasia (CAH). This intervention has been aimed at preventing development of ambiguous genitalia, the urogenital sinus, tomboyism, and lesbianism. We map out ethical problems in this history, including: misleading promotion to physicians and CAH-affected families; de facto experimentation without the necessary protections of approved research; troubling parallels to the history (...) of prenatal use of diethylstilbestrol (DES); and the use of medicine and public monies to attempt prevention of benign behavioral sex variations. Critical attention is directed at recent investigations by the U.S. Food and Drug Administration (FDA) and Office of Human Research Protections (OHRP); we argue that the weak and unsupported conclusions of these investigations indicate major gaps in the systems meant to protect subjects of high-risk medical research. (shrink)

Arlie Hochschild glosses the practice of women migrants in poor nations who leave their families behind for extended periods of time to do carework in other wealthier countries as a “global heart transplant” from poor to wealthy nations. Thus she signals the idea of an injustice between nations and a moral harm for the individuals in the practice. Yet the nature of the harm needs a clear articulation. When we posit a sufficiently nuanced “right to care,” we locate the harm (...) to central relationships of the migrant women. The “right to (give and receive) care” we develop uses a concept of a relational self drawn from an ethics of care. The harm is situated in the broken relationships, which in turn have a serious impact on a person’s sense of equal dignity and self-respect, particularly since the sacrifice of central relationships of the migrant woman allows others (mostly women) to maintain these same relationships. The paper ends with a brief discussion of some of the solutions we need to consider. (shrink)

I raise two objections against Christian List and Peter Menzies' influential account of high-level causation. Improving upon some of Stephen Yablo's earlier work, I develop an alternative theory which evades both objections. The discussion calls into question List and Menzies' main contention, namely, that the exclusion principle, applied to difference-making, is false.

In this paper, we critically examine Molly Gardner’s favored solution to what she calls “the problem of justified harm.” We argue that Gardner’s view is false and that her arguments in support of it are unconvincing. Finally, we briefly suggest an alternative solution to the problem which avoids the difficulties that beset Gardner’s proposal.

Recently, there has been a surge of interest in the lexicon. The demand for a fuller and more adequate understanding of lexical meaning required by developments in computational linguistics, artificial intelligence, and cognitive science has stimulated a refocused interest in linguistics, psychology, and philosophy. Different disciplines have studied lexical structure from their own vantage points, and because scholars have only intermittently communicated across disciplines, there has been little recognition that there is a common subject matter. The conference on which this (...) volume is based brought together interested thinkers across the disciplines of linguistics, philosophy, psychology, and computer science to exchange ideas, discuss a range of questions and approaches to the topic, consider alternative research strategies and methodologies, and formulate interdisciplinary hypotheses concerning lexical organization. The essay subjects discussed include: * alternative and complementary conceptions of the structure of the lexicon, * the nature of semantic relations and of polysemy, * the relation between meanings, concepts, and lexical organization, * critiques of truth-semantics and referential theories of meaning, * computational accounts of lexical information and structure, and * the advantages of thinking of the lexicon as ordered. (shrink)

Several attractive principles about prudential concern and moral responsibility seem to speak against animalism. I criticize some animalist responses to this kind of problem, and suggest another answer, which has similarites with the most important argument in favor of animalism: the “thinking animal” argument.

Companies disclosing negative aspects in sustainability reports often employ legitimation strategies to present mishaps in a favorable light. In incentivized experiments, we find that nonprofessional investors divest from companies with a negative sustainability-related incident, and that symbolic legitimation (which only evasively explains a negative incident) is not a strong enough signal to counter this divestment behavior. Even substantial legitimation (which reports on measures and behavioral change) mitigates the divestment decisions only if the company reports on concrete remediation actions in morally (...) charged situations, such as social or environmental incidents. We elaborate these results in light of signaling and screening theory, and suggest the conceptual extension of “costly signals” to what we call “valuable signals.” We argue that valuable signals need be not only costly for the sender from an economic perspective but also perceived as appropriate by the receiver from a noneconomic perspective. (shrink)

Contemporary industrialized societies have been confronted with the fact and consequences of women's increased participation in paid employment. Whether this increase has resulted from women's desire for equality or from changing economic circumstances, women and men have been faced with a crisis in the organization of work that concerns dependents, that is, those unable to care for themselves. This is labor that has been largely unpaid, often unrecognized, and yet is indispensable to human society.

One increasingly popular approach to personal identity is called ‘animalism.’ Unfortunately, it is unclear just what the doctrine says. In this paper, I criticise several different ways of stating animalism, and put forward one formulation that I find more promising.

Cheryl Chase has argued that “the problem” of intersex is one of “stigma and trauma, not gender,” as those focused on medical management would have it. Despite frequent references to shame in the critical literature, there has been surprisingly little analysis of shame, or of the disgust that provokes it. This paper investigates the function of disgust in the medical management of intersex and seeks to understand the consequences—material and moral—with respect to the shame it provokes.Conventional ethical approaches may not (...) provide quite the right tools to consider this affective dimension of the medical management of intersex, but we find in Nietzsche's Genealogy of Morality a framework that allows us a profound appreciation of its moral significance (Nietzsche 1887/1998). Understanding doctors' disgust—and the disgust that they promote in parents of those born with atypical anatomies—as a contemporary expression of ressentiment directs us to not focus on the bodies of those born with intersex conditions, which have been the privileged objects of attention both in medical practice and in criticisms of it, but moves us to consider instead the bodies of those whose responses constitute the motivating force for normalizing practices in the first place. (shrink)

A pure time preference is a preference for something to occur at one point in time rather than another, merely because of when it occurs in time. Such preferences are widely regarded as paradigm examples of irrational preferences. However, Rosemary Lowry and Martin Peterson have recently argued that, for instance, a pure time preference to go to the opera tonight rather than next month may be rationally permissible, even if the amounts of intrinsic value realized in both cases are identical. (...) In this reply, we argue that Lowry and Peterson's argument is unsuccessful. (shrink)

In a recent article, Joyce L. Jenkins challenges the common belief that desire satisfactionists are committed to the view that a person's welfare can be affected by posthumous events. Jenkins argues that desire satisfactionists can and should say that posthumous events only play an epistemic role: though such events cannot harm me, they can reveal that I have already been harmed by something else. In this response, however, we show that Jenkins's approach collapses into the view she aims to avoid.

John Martin Fischer and Anthony L. Brueckner have argued that a person’s death is, in many cases, bad for him, whereas a person’s prenatal non-existence is not bad for him. Their suggestion relies on the idea that death deprives the person of pleasant experiences that it is rational for him to care about, whereas prenatal non-existence only deprives him of pleasant experiences that it is not rational for him to care about. In two recent articles in The Journal of Ethics, (...) I have objected that it is irrelevant what it is in fact rational for the person to care about. Fischer and Brueckner have replied to my critique. In this paper I respond to their latest pair of replies. (shrink)

Scott Campbell has recently defended the psychological approach to personal identity over time by arguing that a person is literally a series of mental events. Rejecting four-dimensionalism about the persistence of physical objects, Campbell regards constitutionalism as the main rival version of the psychological approach. He argues that his "series view" has two clear advantages over constitutionalism: it avoids the "two thinkers" objection and it allows a person to change bodies. In addition, Campbell suggests a reply to the objection, often (...) raised against views such as his, that thoughts must be distinct from their thinker. In this paper, I argue that Campbell's responses to the "two thinkers" and the "thoughts/thinker" objections are unsuccessful. Furthermore, his reply to the latter leads to four-dimensionalism of the kind he wanted to avoid – and this view too allows a person to change bodies. Moreover, I argue that it speaks against the series view that generalised versions of it fare much more poorly than do generalised versions of constitutionalism and four-dimensionalism. (shrink)

The first-ever compilation of articles that highlights the intersection of Derridean and feminist theories--a work that represents the extensive and diverse response feminist theorists have had to Derrida, particularly to the issues of gender, identity, and the construction of the subject.

Most versions of the psychological-continuity approach to personal identity (PCA) contain a 'non-branching' requirement. Recently, Robert Francescotti has argued that while such versions of PCA handle Parfit's standard fission case well, they deliver the wrong result in the case of an intact human brain. To solve this problem, he says, PCA-adherents need to add a clause that runs contrary to the spirit of their theory. In this response, I argue that Francescotti's counterexample fails. As a result, the revision he suggests (...) is not needed. (shrink)

Rebecca Roache’s recent critique of David Lewis’s cohabitation view assumes that a person cannot be properly concerned about something that rules out that she ever exists. In this brief response, I argue against this assumption.

In his recent book, Death and the Afterlife, Samuel Scheffler argues that it matters greatly to us that there be other human beings long after our own deaths. In support of this “Afterlife Thesis,” as I call it, he provides a thought experiment—the “doomsday scenario”—in which we learn that, although we ourselves will live a normal life span, 30 days after our death the earth will be completely destroyed. In this paper I question this “doomsday scenario” support for Scheffler’s Afterlife (...) Thesis. In particular, I suggest that Scheffler has underestimated the importance of a good ending. (shrink)