I shall be concerned in this paper with some philosophical puzzles raised by so-called “wrongful life” suits. These legal actions are obviously of great interest to lawyers and physicians, but philosophers might have a kind of professional interest in them too, since in a remarkably large number of them, judges have complained that the issues are too abstruse for the courts and belong more properly to philosophers and theologians. The issues that elicit this judicial frustration are those that require the (...) application to border-line cases of such philosophically interesting concepts as acting, causing, and the one that especially interests me, harming. I first became interested in the concept of harming in my work on the moral limits of the criminal law, where I had to come to terms with John Stuart Mill's famous “harm principle”–the principle that it is always a good reason in support of a criminal prohibition, indeed, the only legitimate reason, that it will prevent harm to persons other than the actor. I could not very well criticize that principle until I decided what the word “harm” must mean in its formulation. I gave what I took to be the requisite analysis of harm in my book Harm to Others. Here I wish to improve that analysis, examine its implications for civil as well as criminal liability, and test it on conceptually hard cases, especially cases of prenatal harming, that is, cases in which the wrongful causative conduct occurs before the victim's birth, and the harmed state that is its upshot consists in being born in an impaired condition. (shrink)

Saturday Night Live (SNL) has exploited sexual power differentials, pedophilia and molestation, and produced “Digital Shorts” that use women for sexual ends. SNL has even made light of slavery and mass shootings. Suffice it to say, SNL's producers, writers, and actors are unafraid to push the boundaries of what is considered socially acceptable on network television. By presenting awkward or insensitive or offensive material – like dating in a concentration camp – SNL performers remind people just how horrific some situations (...) are, and hopefully it ignites the viewer's passion against the thing that is being mocked. SNL has a prophetic role in culture, speaking speaks truth to power through humor. SNL passes Joel Feinberg's test: no one is forced to watch. No one compels SNL to create socially acceptable sketches, but similarly, no one compels people to watch SNL. (shrink)

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for (...) understanding "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses. (shrink)

This is the third volume of Joel Feinberg's highly regarded The Moral Limits of the Criminal Law, a four-volume series in which Feinberg skillfully addresses a complex question: What kinds of conduct may the state make criminal without infringing on the moral autonomy of individual citizens? In Harm to Self, Feinberg offers insightful commentary into various notions attached to self-inflicted harm, covering such topics as legal paternalism, personal sovereignty and its boundaries, voluntariness and assumptions of risk, consent and (...) its counterfeits, coercive force, incapacity, and choice of death. (shrink)

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for (...) understanding "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses. (shrink)

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

This collection concludes with two essays dealing with concepts used in appraising the whole of a person's life: absurdity and self-fulfillment, and their interplay.Dealing with a diverse set of problems in practical and theoretical ethics, ...

Joel Feinberg : In Memoriam. Preface. Part I: INTRODUCTION TO THE NATURE AND VALUE OF PHILOSOPHY. 1. Joel Feinberg: A Logic Lesson. 2. Plato: "Apology." 3. Bertrand Russell: The Value of Philosophy. PART II: REASON AND RELIGIOUS BELIEF. 1. The Existence and Nature of God. 1.1 Anselm of Canterbury: The Ontological Argument, from Proslogion. 1.2 Gaunilo of Marmoutiers: On Behalf of the Fool. 1.3 L. Rowe: The Ontological Argument. 1.4 Saint Thomas Aquinas: The Five Ways, from Summa Theologica. (...) 1.5 Samuel Clarke: A Modern Formulation of the Cosmological Argument. 1.6 William L. Rowe: The Cosmological Argument. 1.7 William Paley: The Argument from Design. 1.8 Michael Ruse: The Design Argument. 1.9 David Hume: Dialogues Concerning Natural Religion. 2. The Problem of Evil. 2.1 Fyodor Dostoyevsky: Rebellion. 2.2 J. L. Mackie: Evil and Omnipotence. 2.3 Peter van Inwagen: The Argument from Evil. 2.4 Michael Murray and Michael Rea: The Argument from Evil. 2.5 B. C. Johnson: God and the Problem of Evil. 3. Reason and Faith. 3.1 W. K. Clifford: The Ethics of Belief. 3.2 William James: The Will to Believe. 3.3 Kelly James Clark: Without Evidence or Argument. 3.4 Blaise Pascal: The Wager. 3.5 Lawrence Shapiro: Miracles and Justification. 3.6 Simon Blackburn: Infini-Rien. Part III. HUMAN KNOWLEDGE: ITS GROUNDS AND LIMITS. 1. Skepticism. 1.1 John Pollock: A Brain in a Vat. 1.2 Michael Huemer: Three Skeptical Arguments. 1.3 Robert Audi: Skepticism. 2. The Nature and Value of Knowledge. 2.1 Plato: Knowledge as Justified True Belief. 2.2 Edmund Gettier: Is Justified True Belief Knowledge? 2.3 James Cornman, Keith Lehrer, and George Pappas: An Analysis of Knowledge. 2.4 Gilbert Ryle: Knowing How and Knowing That. 2.5 Plato: "Meno". 2.6 Linda Zagzebski, Epistemic Good and The Good Life. 3. Our Knowledge of the External World. 3.1 Bertrand Russell: Appearance and Reality and the Existence of Matter. 3.2 René Descartes: Meditations on First Philosophy. 3.3 John Locke: The Causal Theory of Perception. 3.4 George Berkeley: Of the Principles of Human Knowledge. 3.5 G. E. Moore: Proof of an External World. 4. The Methods of Science. 4.1 David Hume: An Inquiry Concerning Human Understanding. 4.2 Wesley C. Salmon: An Encounter with David Hume. 4.3 Karl Popper: Science: Conjectures and Refutations. 4.4 Philip Kitcher: Believing Where We Cannot Prove. Part IV: MIND AND ITS PLACE IN NATURE. 1. The Mind-Body Problem. 1.1 Brie Gertler: In Defense of Mind--Body Dualism. 1.2 Frank Jackson: The Qualia Problem. 1.3 David Papineau: The Case for Materialism. 1.4 Paul Churchland: Functionalism and Eliminative Materialism. 2. Can Non-Humans Think? 2.1 Alan Turing: Computing Machinery and Intelligence. 2.2 John R. Searle: Minds, Brains, and Programs. 2.3 William G. Lycan: Robots and Minds. 3. Personal Identity and the Survival of Death. 3.1 John Locke: The Prince and the Cobbler. 3.2 Thomas Reid: Of Mr. Locke’s Account of Our Personal Identity. 3.3 David Hume: The Self. 3.4 Derek Parfit: Divided Minds and the Nature of Persons. 3.5 Shelly Kagan: What Matters. 3.6 John Perry: A Dialogue on Personal Identity and Immortality. Part V: DETERMINISM, FREE WILL, AND RESPONSIBILITY. 1. Libertarianism: The Case for Free Will and Its Incompatibility with Determinism. 1.1 Roderick M. Chisholm: Human Freedom and the Self. 1.2 Robert Kane: Free Will: Ancient Dispute, New Themes. 2. Hard Determinism: The Case for Determinism and its Incompatibility with Its Incompatibility with Any Important Sense of Free Will. 2.1 James Rachels: The case against Free Will. 2.2 Derk Pereboom: Why We Have No Free Will and Can Live Without It. 3. Compatibilism: The Case for Determinism and Its Compatibility with the Most Important Sense of Free Will. 3.1 David Hume: Of Liberty and Necessity. 3.2 Helen Beebee: Compatibilism and the Ability to do Otherwise. 4. Freedom and Moral Responsibility. 4.1 Galen Strawson: Luck Swallows Everything. 4.2 Harry Frankfurt: Alternate Possibilities and Moral Responsibility. 4.3 Thomas Nagel: Moral Luck. 4.4 Susan Wolf: Sanity and the Metaphysics of Responsibility. Part VI: MORALITY AND ITS CRITICS. 1. Changes to Morality. 1.1 Joel Feinberg: Psychological Egoism. 1.2 Plato: The Immoralist’s Challenge. 1.3 Friedrich Nietzche: Master and Slave Morality. 1.4 Richard Joyce: The Evolutionary Debunking of Morality. 2. Proposed Standards and Right of Conduct. 2.1 Russ Shafer-Landau: Ethical Subjectivism. 2.2 Mary Midgley: Trying Out One’s New Sword. 2.3 Aristotle: Virtue and the Good Life. 2.4 Thomas Hobbes: Leviathan. 2.5 Plato: Euthyphro. 2.6 Immanuel Kant: The Good Will and the Categorical Imperative. 2.7 J.S. Mill: Utilitarianism, Chapters 2 and 4. 2.8 W. D. Ross: What Makes Right Acts Right? 2.9 Hilde Lindemann: What Is Feminist Ethics? 3. Ethical Problems. 3.1 Kwame Anthony Appiah: What Will Future Generations Condemn Us For? 3.2 Peter Singer: Famine, Affluence and Morality. 3.3 John Harris: The Survival Lottery. 3.4 James Rachels: Active and Passive Euthanasia. 3.5 Mary Anne Warren: The Moral and Legal Status of Abortion. 3.6 Don Marquis: Why Abortion Is Immoral. 4. The Meaning of Life. 4.1 Epicurus: Letter to Menoeceus. 4.2 Richard Taylor: The Meaning of Life. 4.3 Richard Kraut: Desire and the Human Good. 4.4 Leo Tolstoy: My Confession. 4.5 Susan Wolf: Happiness and Meaning. 4.6 Thomas Nagel: The Absurd. (shrink)

Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.

The final volume of Feinberg's four-volume work, The Moral Limits of Criminal Law examines the philosophical basis for the criminalization of so-called "victimless crimes" such as ticket scalping, blackmail, consented-to exploitation of others, commercial fortune telling, and consensual sexual relations.

The book's clear organization structures selections so that readings complement each other guiding you through contrasting positions on key concepts in ...

Joel Feinberg was a brilliant philosopher whose work in social and moral philosophy is a legacy of excellent, even stunning achievement. Perhaps his most memorable achievement is his four-volume treatise on The Moral Limits of the Criminal Law, and perhaps the most striking jewel in this crowning achievement is his passionate and deeply insightful treatment of paternalism.1 Feinberg opposes Legal Paternalism, the doctrine that “it is always a good reason in support of a [criminal law] prohibition that it is (...) necessary to prevent harm (physical, psychological, or economic) to the actor himself.” Against this doctrine Feinberg asserts that when an agent’s sufficiently voluntary choice causes harm to herself or risk of harm to herself, this category of harm-to-self is never a good reason in support of criminal law prohibition of that type of conduct. (shrink)

This article defends the ethical theory of william wollaston against the objections of hume and later writers who uncritically accepted hume's account of what wollaston said. I then argue that the true flaws in wollaston's view that all wrongdoing is false representing are that it cannot explain why some immoral acts are worse than others, And it presupposes antecedent moral principles of a different kind. I conclude that wollaston's theory, While failing as a general account of all immorality, Can nevertheless (...) be used to explain the difference between actions that are specifically unjust and actions that are immoral in other ways. (shrink)

The Supreme Court views the word “obscene” as akin to word “pornographic”. Nothing is “obscene” unless it tends to cause erotic states in the mind of the beholder, and anything that produces this kind of “psychic stimulation” is a likely candidate for the obscenity label whether or not the induced states are offensive to the person who has them or anyone else aware of them. Recent Supreme Court decisions on the permissibility of pornography, particularly the various judicial formulae the court (...) has produced to deal with the problem, are reviewed. It is shown that the Court has vacillated between different legitimizing principles, applying either a liberal offense principle mediated by balancing tests or a thinly disguised moralism. (shrink)

The legitimacy of criminal law’s concern with offensiveness even in the absence of harm or danger must rest on the intuitive force of the examples given, most of which have been made as extreme as possible and depicted with uncompromising vividness. The seriousness of an offense is determined by four standards: the magnitude of the offense, the standard of reasonable avoidability, the Volenti maxim, and the discounting of abnormal susceptibilities. Having determined the seriousness of a given category of offense based (...) on these standards, the legislator will proceed to balance that seriousness against the reasonableness of various kinds of conduct that can produce it. (shrink)

Profound offenses are misleadingly characterized as simply “offensive nuisances” because of their perceived qualitative difference from mere nuisances, and because of their independence of actual perception. The nub of the offensiveness in the “profound” cases is not personal resentment over a disagreeable experience, but outrage at the offending conduct on grounds quite independent of its effect on oneself. Examples of profound offenses include voyeurism, Nazis and Klansmen, execrated but “harmless” deviant religious moral practices, desecration of venerated symbols, and abortion and (...) mistreatment of corpses. The offense principle does not warrant legal interference in a person’s private conduct on the grounds that those who know that the conduct is taking place need protection from the profound offensiveness of their own bare knowledge. (shrink)

This is a third volume of philosophical essays by Joel Feinberg. It exemplifies the clear and elegant formulation, useful conceptual distinctions, perceptive and imaginative insights, and powerful argument we have come to expect from him. Each of the first twelve essays deals with a problem of importance to moral philosophy and philosophy of law; the last two provide a preliminary taste of his projected inquiry into the absurd. Although these essays are diverse, Feinberg informs us that this volume continues (...) its predecessor’s concern with problems about rights. (shrink)

Next SectionObjectives To evaluate the adequacy of paediatric informed consent and its augmentation by a supplemental computer-based module in paediatric endoscopy. Methods The Consent-20 instrument was developed and piloted on 47 subjects. Subsequently, parents of 101 children undergoing first-time, diagnostic upper endoscopy performed under moderate IV sedation were prospectively and consecutively, blinded, randomised and enrolled into two groups that received either standard form-based informed consent or standard form-based informed consent plus a commercial (Emmi Solutions, Inc, Chicago, Il), sixth grade level, (...) interactive learning module (electronic assisted consent). Anonymously and electronically, the subjects' anxiety (State Trait Anxiety Inventory), satisfaction (Modified Group Health Association of America), number of questions asked, and attainment of informed consent were assessed (Consent-20). Statistics were calculated using t test, paired t test, and Mann Whitney tests. Results The ability to achieve informed consent, as measured by the new instrument, was 10% in the control form-based consent group and 33% in the electronic assisted consent group (p<0.0001). Electronically assisting form-based informed consent did not alter secondary outcome measures of subject satisfaction, anxiety or number of questions asked in a paediatric endoscopy unit. Conclusions This study demonstrates the limitations of form-based informed consent methods for paediatric endoscopy. It also shows that even when necessary information was repeated electronically in a comprehensive and standardised video, informed consent as measured by our instrument was incompletely achieved. The supplemental information did, however, significantly improve understanding in a manner that did not negatively impact workflow, subject anxiety or subject satisfaction. Additional study of informed consent is required. Clinical trial registration number ClinicalTrials.gov Identifier NCT00899392. (shrink)

I examine, from Mayo's severe testing perspective, the case found in the Intergovernmental Panel on Climate Change fourth report for the claim that increases in anthropogenic greenhouse gas concentrations caused most of the post-1950 global warming. My examination begins to provide an alternative to standard, probabilistic assessments of OUR FAULT. It also brings out some of the limitations of variety of evidence considerations in assessing this and other hypotheses about the causes of climate change, and illuminates the epistemology of optimal (...) fingerprinting studies. Finally, it shows that some features of Mayo's perspective should be kept in whatever approach is preferred for assessing hypotheses about the causes of climate change. (shrink)

This essay explores Joel Feinberg's conception of liberalism and the moral limits of the criminal law. Feinberg identifies liberty with the absence of law. He defends a strong liberal presumption against law, except where it is necessary to prevent wrongful harm or offense to others. Drawing on Rawlsian, Marxian, and feminist standpoints, I argue that there are injuries to individual liberty rooted not in law, but in civil society. Against Feinberg, I defend a richer account of liberalism and (...) liberty, linking them to human dignity, and a more positive role for law. Feinberg justifies liberty as an instrumental welfare?interest, valuable in virtue of the way it serves the individual's ulterior goals. Drawing on the example of racism and civil rights, I argue that the value of equal liberty stems from its social role in constituting persons? sense of their own worth and dignity. Against Feinberg, I claim that liberty's value is grounded in a shared historical ideal of personhood, not in the individual's goals or desires. Feinberg also links liberalism with an extreme anti?paternalist position, on which individuals should be at liberty to alienate their very own right of personal autonomy. Drawing on the examples of slavery and drug addiction, I argue against this liberty, and the conception of liberalism and paternalism in Feinberg which leads to it. A liberalism founded upon an ideal of human dignity allows, even requires, a use of law to prevent persons from destroying the very conditions of their own autonomy and dignity. (shrink)

This paper is offered as a tribute to Joel Feinberg. The first section of the paper applies Feinberg's analysis of freedom of expression to a contemporary case of academic freedom. The second section engages Feinberg's work on rights and punishment. The paper ends with numerous quotations from Feinberg's vast array of writings, words that express his ideas on a number of important problems that occupied his mind throughout his fruitful and influential career.

In his recent book, Harm to Others, Joel Feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. After all, there cannot be harm without a subject to be harmed, but when death occurs it appears to obliterate the subject thus excluding the possibility of harm. On the other (...) hand, there is an inclination to believe that harmful events can indeed occur posthumously. As Aristotle observed, “a dead man is popularly believed to be capable of having both good and ill fortune—honour and dishonour and prosperity and the loss of it among his children and descendants generally—in exactly the same way as if he were alive but unaware or unobservant of what was happening”. Feinberg sides with Aristotle on this issue and develops an intriguing theory purporting to show how posthumous harms are possible. My intention in this paper is to argue that Feinberg's account meets with such serious difficulties that we must either develop an alternative theory or agree with those who claim that death logically excludes the possibility of harm. I shall begin in §2 with a brief sketch of Feinberg's provocative theory. This will be followed in §3 by my comments and criticisms. Section 4 will close with suggestions about where Feinberg's account goes wrong and how it might be repaired. (shrink)

For several decades the work of Joel Feinberg has been the most influential in legal, political and social philosophy in the English-speaking world. This 1994 volume honours that body of work by presenting fifteen essays, many of them by leading legal and political philosophers, that explore the problems that have engaged Feinberg over the years. Amongst the topics covered are issues of autonomy, responsibility and liability. It will be a collection of interest to anyone working in moral, legal or (...) political philosophy. (shrink)

Katzav and Vaesen have argued that control by analytic philosophers of key journals, philosophy departments and at least one funding body plays a substantial role in explaining the emergence of analytic philosophy into dominance in the Anglophone world and the corresponding decline of speculative philosophy. They also argued that this use of control suggests a characterisation of analytic philosophy as, at the institutional level, a sectarian form of critical philosophy. I test these hypotheses against data about philosophy job hires (...) at key philosophy departments in the USA during the period 1930-1979, and against data about PhD completions during the period 1956-1965. I argue, further, that Katzav and Vaesen’s hypotheses can fully explain the data and are more fully able to do so than are some other key accounts of the emergence of analytic philosophy in the USA. (shrink)

In this article, we describe a hitherto undocumented fallacy-in the sense of a mistake in reasoning-constituted by a negativity bias in the way that people attribute motives to others. We call this the "worst-motive fallacy," and we conducted two experiments to investigate it. In Experiment 1, participants expected protagonists in a variety of fictional vignettes to pursue courses of action that satisfy the protagonists' worst motive, and furthermore, participants significantly expected the protagonist to pursue a worse course of action than (...) they would prefer themselves. Experiment 2 was a preregistered attempted replication of Experiment 1, including a bigger range of vignettes; the first effect was not replicated for the new vignettes tested but was for the original set. Also, we once again found that participants expected protagonists to be more likely than they were themselves to pursue courses of action that they considered morally bad. We discuss the worst-motive fallacy's relation to other well-known biases as well as its possible evolutionary origins and its ethical consequences. (shrink)

An increasing number of scholars at the intersection of feminist philosophy and critical disability studies have turned to Merleau-Ponty to develop phenomenologies of disability or of what, following Rosemarie Garland-Thomson, I call "non-normate" embodiment. These studies buck the historical trend of philosophers employing disability as an example of deficiency or harm, a mere litmus test for normative theories, or an umbrella term for aphenotypical bodily variation. While a Merleau-Pontian-inspired phenomenology is a promising starting point for thinking about embodied experiences (...) of all sorts, I here draw a cautionary tale about how ableist assumptions can easily undermine accounts of non-normate experience. I first argue that the omission or misguided treatment of disability within the history of philosophy in general and the phenomenological tradition in particular is due to the inheritance of what I call “the ableist conflation” of disability with pain, suffering, and disadvantage. I then show that Merleau-Ponty’s famous reading of the blind man’s cane is problematic insofar as it omits the social dimensions of disabled experiences, misconstrues the radicality of blindness as a world-creating disability, and operates via an able-bodied simulation that confuses object annexation or extension with incorporation. In closing, I contend that if phenomenology is to overcome the errors of traditional philosophy, as Merleau-Ponty once hoped, it must heed the insights of “crip” or non-normate phenomenology, which takes the lived experience of disability as its point of departure. [French translation forthcoming in Pour une phénoménologie critique, ed. Donald A. Landes, Quebec City, Les Presses de l'Université Laval/Paris, J.Vrin]. (shrink)

Through the formation of positive psychology, the study of happiness has moved into the scientific domain. Positive psychology’s assertion is that with the proper adjustments, everyone can achieve happiness. The problem, however, is that “happiness” is never defined, causing scientific testing to construct new parameters for each study, inevitably altering the object being examined. Rather than pursuing amorphous happiness, I argue that the Zhuangzi 莊子 provides a more adequate and responsible process or method for living well. After exploring Aristotle’s position (...) on happiness, I investigate the terminological and methodological issues with the scientific study of happiness. For an alternative, I propose Zhuangzian contentment that reorients individuals toward dynamic existence rather than false notions of control, which the scientific method suggests is possible. (shrink)

Qualitative evidence concerning the relationship between QoL and a wide range of disabilities suggests that subjective judgments regarding other people’s QoL are wrong more often than not and that such judgments by medical practitioners in particular can be biased. Guided by their desire to do good and avoid harm, surgeons often rely on "the eyeball test" to decide whether a patient will or will not benefit from surgery. But the eyeball test can easily harbor a range of implicit (...) judgments and biases against patients with disabilities, including erroneous assumptions about QoL. We critique the use of the "eyeball" test and offer suggestions to reduce bias and ensure that patients’ values are more consistently prioritized in surgical decision-making. (shrink)

For the “respectable” part of society there can be a presumption of virtuousness, rather like the presumption of innocence in the law. In both cases, the presumption can be defeated, as we learn more and get into specifics. We still might insist that to be genuinely virtuous is to be able to pass the more familiar sorts of tests of virtue, and to be reliably virtuous also in the ordinary business of life, especially in things that really matter. Something like (...) this is a necessary condition for virtue. Factors of motivation, especially those related to what a person's basic concerns are, can vary enormously. Imagine an extreme case. Someone might be inherently indifferent to what happens to other people, and have no sense of the inherent dignity or worthiness of moral principles, but also be totally convinced that God is watching his or her every move, and that the prospects of heaven or hell depend heavily on one's following accepted morality at every step. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution (...) to explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

In this paper, we take moral agency to be that context in which a particular agent can, appropriately, be held responsible for her actions and their consequences. In order to understand moral agency, we will discuss what it would take for an artifact to be a moral agent. For reasons that will become clear over the course of the paper, we take the artifactual question to be a useful way into discussion but ultimately misleading. We set out a number of (...) conceptual pre-conditions for being a moral agent and then outline how one should — and should not — go about attributing moral agency. In place of a litmus test for such an agency — such as Allen et al.'s Moral Turing Test — we suggest some tools from the conceptual spaces theory and the unified conceptual space theory for mapping out the nature and extent of that agency. (shrink)

In their major book devoted to the Herbert Spencer ‘affair’, Daniel Becquemont and Laurent Mucchielli profess themselves to be quite ready to share the opinion of Georges Guille-Escuret: the 19th-century British thinker would appear to dominate ‘discreetly our spontaneous perceptions‘. The forgotten philosopher in France appears to colour the moral atmosphere of the West. He appears to be, without our knowing it, our major contemporary. The surprising lapse of memory in which his name has found itself stuck fast appears to (...) guarantee the triumph of his ideas. To unearth his name and resubmit his work to scrutiny takes on a certain urgent character when seen from this perspective: it would mean putting the so-called ideological evidence of our time to the test of the history of ideas. To render unto Spencer that which is Spencer's would be to remove from this so-called evidence the ‘immediate and unquestionable character’ with which it invests itself. (shrink)

Over the past 35 years, patients have suffered from a largely hidden epidemic of side effects from drugs that usually have few offsetting benefits. The pharmaceutical industry has corrupted the practice of medicine through its influence over what drugs are developed, how they are tested, and how medical knowledge is created. Since 1906, heavy commercial influence has compromised congressional legislation to protect the public from unsafe drugs. The authorization of user fees in 1992 has turned drug companies into the FDA's (...) prime clients, deepening the regulatory and cultural capture of the agency. Industry has demanded shorter average review times and, with less time to thoroughly review evidence, increased hospitalizations and deaths have resulted. Meeting the needs of the drug companies has taken priority over meeting the needs of patients. Unless this corruption of regulatory intent is reversed, the situation will continue to deteriorate. We offer practical suggestions including: separating the funding of clinical trials from their conduct, analysis, and publication; independent FDA leadership; full public funding for all FDA activities; measures to discourage R&D on drugs with few, if any, new clinical benefits; and the creation of a National Drug Safety Board. (shrink)

During the early 1960s, Morris Goodman used a variety of immunological tests to demonstrate the very close genetic relationships among humans, chimpanzees, and gorillas. Molecular anthropologists often point to this early research as a critical step in establishing their new specialty. Based on his molecular results, Goodman challenged the widely accepted taxonomie classification that separated humans from chimpanzees and gorillas in two separate families. His claim that chimpanzees and gorillas should join humans in family Hominidae sparked a well-known conflict with (...) George Gaylord Simpson, Ernst Mayr, and other prominent evolutionary biologists. Less well known, but equally significant, were a series of disagreements between Goodman and other prominent molecular evolutionists concerning both methodological and theoretical issues. These included qualitative versus quantitative data, the role of natural selection, rates of evolution, and the reality of molecular clocks. These controversies continued throughout Goodman's career, even as he moved from immunological techniques to protein and DNA sequence analysis. This episode highlights the diversity of methods used by molecular evolutionists and the conflicting conclusions drawn from the data that these methods generated. (shrink)

Evidence from a growing number of studies suggests leader character as a means to advance leadership knowledge and practice. Based on this evidence, we propose a process model depicting how leader character manifests in ethical leadership that has positive psychological and performance outcomes for leaders, along with the moderating effect of leaders’ self-control on the character strength–ethical leadership–outcomes relationships. We tested this model using multisource data from 218 U.S. Air Force officers and their subordinates and superiors. Findings provide initial support (...) for leader character as a mechanism triggering positive outcomes such that only when officers reported a high level of self-control did their honesty/humility, empathy, and moral courage manifest in ethical leadership, associated with higher levels of psychological flourishing and in-role performance. We discuss the implications of these results for future theory development, research, and practice. (shrink)

About one third of patients with epilepsy have seizures refractory to the medical treatment. Electrical stimulation mapping is the gold standard for the identification of “eloquent” areas prior to resection of epileptogenic tissue. However, it is time-consuming and may cause undesired side effects. Broadband gamma activity recorded with extraoperative electrocorticography during cognitive tasks may be an alternative to ESM but until now has not proven of definitive clinical value. Considering their role in cognition, the alpha and beta bands could further (...) improve the identification of eloquent cortex. We compared gamma, alpha and beta activity, and their combinations for the identification of eloquent cortical areas defined by ESM. Ten patients with intractable focal epilepsy participated in a delayed-match-to-sample task, where syllable sounds were compared to visually presented letters. We used a generalized linear model approach to find the optimal weighting of each band for predicting ESM-defined categories and estimated the diagnostic ability by calculating the area under the receiver operating characteristic curve. Gamma activity increased more in eloquent than in non-eloquent areas, whereas alpha and beta power decreased more in eloquent areas. Diagnostic ability of each band was close to 0.7 for all bands but depended on multiple factors including the time period of the cognitive task, the location of the electrodes and the patient’s degree of attention to the stimulus. We show that diagnostic ability can be increased by 3–5% by combining gamma and alpha and by 7.5–11% when gamma and beta were combined. We then show how ECoG power modulation from cognitive testing can be used to map the probability of eloquence in individual patients and how this probability map can be used in clinical settings to optimize ESM planning. We conclude that the combination of gamma and beta power modulation during cognitive testing can contribute to the identification of eloquent areas prior to ESM in patients with refractory focal epilepsy. (shrink)

Joel Feinberg’s Offense to Others is the most comprehensive contemporary work on the significance of offense in a liberal legal system. Feinberg argues that being offended can impair a person’s liberty, much like a nuisance, and that it is therefore legitimate in principle to regulate conduct because of its offensiveness. In this article, I discuss some overlooked considerations that give us reason to resist Feinberg’s conclusion, even while granting this premise. My key claim is that the regulation of offense (...) can inadvertently increase the incidence of offense, by nurturing offense-taking sensibilities. In the course of defending this claim and spelling out its implications, I explain why concerns about the inadvertent nurturing of offense are now more pressing, given the identity–political character of contemporary offense-based social conflicts, and I discuss why a reluctance to legally regulate offensive conduct need not be insensitive to the identity–political issues that animate those conflicts. (shrink)

I take issue with two suggestions of Joel Feinberg's: first, that it is incoherent to suppose that human life as such is absurd, and, second, that a particular human life may be absurd and yet saved from being tragic by being fulfilled. I also argue that human life as such may well be absurd and I consider various responses to this.

Many philosophers distinguish between "hard" paternalism, which supposedly violates autonomy, and "soft" paternalism, which does not. This chapter begins by critically assessing Joel Feinberg's account of the distinction, according to which hard paternalism interferes with voluntary self-regarding choices while soft paternalism interferes with substantially nonvoluntary self-regarding choices. It then considers several other ways to draw the hard/soft distinction. Ultimately, the chapter concludes that although the hard/soft distinction is a crucially important component of most antipaternalist views, it is surprisingly (...) difficult to draw in a satisfying way. (shrink)