Animal size is a relevant and unappreciated consideration in moral evaluations of killing animals for food, especially for utilitarians, who must weigh the gustatory satisfaction of eating meat-the quantity of which varies greatly throughout the animal kingdom-against animal suffering in utilitarian calculations. I argue that animal size can drastically alter not only the extent but even the valence of such calculations. Then I show how the business ethics literature on vegetarianism is deficient for not taking animal size into account. Last, (...) I argue that market conditions are also relevant in moral assessments of vegetarianism. (shrink)

This paper critiques Clare Palmer’s “What do we owe wild animals?” on three grounds. First, it is argued that, Palmer’s opening case study notwithstanding, there are good empirical reasons to think that we should assist domesticated horses and not wild deer. Then, Palmer’s claim that “wildness is not a capacity” is brought into question, and it is argued that wildness connotes certain capacities which wild animals generally have and which domesticated animals generally lack. Lastly, the “supererogation problem” is developed against (...) a version of Palmer’s preferred Contextualist view, which claims that, while her view doesn’t obligate us to eliminate predators and otherwise redesign nature in the name of wild animal welfare, it may nonetheless allow them. Therefore, this view has potentially unsettling environmental implications. (shrink)

In "Size Matters" in this issue, Joel MacClellan argues for three claims: according to utilitarianism, faced with a choice of eating large or small animals, we should eat the large; utilitarianism may ground obligations to eat meat; and we justifiably attract greater moral responsibility for the "direct" killing of our food animals than we do for "indirect" killing. MacClellan tends to underestimate the resources available even to hedonistic utilitarianism and oversimplifies the conditions in the food industry. His (...) second claim has merit but is merely an instance of utilitarianism’s problem with providing a satisfying account of justice. (shrink)

Many would consider the lengthening debate between moral realists and anti-realists to be draw-ish. Plainly new approaches are needed. Or might the issue, which most broadly concerns realism in relation to normative judgments, be broken down into parts or sectors? Physicists have been saying, in relation to a similarly longstanding debate, that light in some respects behaves like waves and in some respects like particles. Might realism be more plausible in relation to some kinds of normative judgments than others?

Principles can seem as entrenched in moral experience as Kant thinks space, time, and the categories are in human experience of the world. However not all cultures have such a view. Classical Indian and Chinese philosophies treat modification of the self as central to ethics. Decisions in particular cases and underlying principles are much less discussed. Ethics needs comparative philosophy in order not to be narrow in its concerns. A broader view can give weight to how people sometimes can change (...) who they are, in order to lead better lives. (shrink)

The interconnections, common interests, and other linkages between the Jewish and Islamic traditions have long been a matter of interest to academics. Today the need to understand these relationships, and to emphasize commonalities rather than conflicts, is of the greatest public interest. The present volume of studies, likely the first such collection in the scholarly literature, explores the full range of interconnections between Jews and Muslims in all fields (intellectual history, religion, philosophy, social history, etc.) and in all periods, from (...) the Middle Ages till today. The essays have been written by some twenty distinguished scholars from North America, Europe, and Israel. The volume is dedicated to our esteemed colleague Joel L. Kraemer, John Barrows Professor Emeritus in the Divinity School and on the Committee on Social Thought of the University of Chicago. In the course of his distinguished career Professor Kraemer has made major contributions to our understanding of the intellectual and cultural history of the Jews in the Arabic world, Islamic and Jewish philosophy and their sources in ancient philosophy, the humanistic renaissance in Islam (on which he published two seminal monographs), and Maimonides (on which he has published many important papers and is completing a biography and a translation of Maimonides' letters, to appear in the Yale Judaica Series). (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)

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 entry addresses the nature and epistemological role of intuition by considering the following questions: (1) What are intuitions?, (2) What roles do they serve in philosophical (and other “armchair”) inquiry?, (3) Ought they serve such roles?, (4) What are the implications of the empirical investigation of intuitions for their proper roles?, and (5) What is the content of intuitions prompted by the consideration of hypothetical cases?

This book is concerned with the role of intuitions in the justification of philosophical theory. The author begins by demonstrating how contemporary philosophers, whether engaged in case-driven analysis or seeking reflective equilibrium, rely on intuitions as evidence for their theories. The author then provides an account of the nature of philosophical intuitions and distinguishes them from other psychological states. Finally, the author defends the use of intuitions as evidence by demonstrating that arguments for skepticism about their evidential value are either (...) self-defeating or guilty of arbitrary and unjustified partiality towards non-intuitive modes of knowledge. (shrink)

John Rawls’ account of our obligations towards future generations has received considerable criticism in the environmental ethics literature relative to the scant few passages in which he discusses the issue. I argue that much of this criticism is warranted because Rawls’ Heads of Family strategy for grounding obligations to future generations is not only independently problematic, but also inconsistent with his general framework. Furthermore, the oft-suggested Time Travel strategy will not work either, and for just those reasons which Rawls gave. (...) However, I contend that the less often discussed “Universalizability Principle,” which Rawls discusses most prominently in Political Liberalism, is a plausible account of our obligations to future generations and is consistent with Rawls’ general framework. I then defend this Rawlsian account of our future-oriented obligations against objections in the environmental ethics literature such as those recently advanced by the consequentialist Tim Mulgan. (shrink)

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

Dutch Book Arguments (DBAs) have been invoked to support various requirements of rationality. Some are plausible: probabilism and conditionalization. Others are less so: credal transparency and reflection. Anna Mahtani has argued for a new understanding of DBAs which, she claims, allow us to keep the DBAs for probabilism (and perhaps conditionalization) and reject the DBAs for credal transparency and reflection. I argue that Mahtani’s new account fails as (a) it does not support highly plausible requirements of rational coherence and (b) (...) it does not, even setting aside the first objection, succeed in undermining the DBAs for credal transparency or reflection. (shrink)

We provide self-contained proof of a theorem relating probabilistic coherence of forecasts to their non-domination by rival forecasts with respect to any proper scoring rule. The theorem recapitulates insights achieved by other investigators, and clarifi es the connection of coherence and proper scoring rules to Bregman divergence.

This book discusses problems of conceptual analysis as well as normative issues of vital contemporary concern.

I present a perceptual account of other minds that combines a Husserlian insight about perceptual experience with a functionalist account of mental properties.

Supererogation and rules -- Problematic responsibility in law and morals -- On being "morally speaking a murderer" -- Justice and personal desert -- The expressive function of punishment -- Action and responsibility -- Causing voluntary actions -- Sua culpa -- Collective responsibility -- Crime, clutchability, and individuated treatment -- What is so special about mental illness?

This book traces how such a seemingly immutable idea as measurement proved so malleable when it collided with the subject matter of psychology. It locates philosophical and social influences reshaping the concept and, at the core of this reshaping, identifies a fundamental problem: the issue of whether psychological attributes really are quantitative. It argues that the idea of measurement now endorsed within psychology actually subverts attempts to establish a genuinely quantitative science and it urges a new direction. It relates views (...) on measurement by thinkers such as Holder, Russell, Campbell and Nagel to earlier views, like those of Euclid and Oresme. Within the history of psychology, it considers contributions by Fechner, Cattell, Thorndike, Stevens and Suppes, among others. It also contains a non-technical exposition of conjoint measurement theory and recent foundational work by leading measurement theorist R. Duncan Luce. (shrink)

One of liberalism’s core commitments is to safeguarding individuals’ autonomy. And a central aspect of liberal social justice is the commitment to protecting the vulnerable. Taken together, and combined with an understanding of autonomy as an acquired set of capacities to lead one’s own life, these commitments suggest that liberal societies should be especially concerned to address vulnerabilities of individuals regarding the development and maintenance of their autonomy. In this chapter, we develop an account of what it would mean for (...) a society to take seriously the obligation to reduce individuals’ autonomy-related vulnerabilities to an acceptable minimum. In particular, we argue that standard liberal accounts underestimate the scope of this obligation because they fail to appreciate various threats to autonomy. (shrink)

The two contrasting theoretical approaches to visual perception, the constructivist and the ecological, are briefly presented and illustrated through their analyses of space and size perception. Earlier calls for their reconciliation and unification are reviewed. Neurophysiological, neuropsychological, and psychophysical evidence for the existence of two quite distinct visual systems, the ventral and the dorsal, is presented. These two perceptual systems differ in their functions; the ventral system's central function is that of identification, while the dorsal system is mainly engaged in (...) the visual control of motor behavior. The strong parallels between the ecological approach and the functioning of the dorsal system, and between the constructivist approach and the functioning of the ventral system are noted. It is also shown that the experimental paradigms used by the proponents of these two approaches match the functions of the respective visual systems. A dual-process approach to visual perception emerges from this analysis, with the ecological-dorsal process transpiring mainly without conscious awareness, while the constructivist-ventral process is normally conscious. Some implications of this dual-process approach to visual-perceptual phenomena are presented, with emphasis on space perception. Key Words: constructivist; dual-process approach; ecological; size perception; space perception; two visual systems; visual perception theories. (shrink)

In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest and hard cases for the applications of the concept of harm. Examples of the "hard cases" are harm to character, vicarious harm, and prenatal and posthumous harm. Feinberg also discusses the relationship between harm and rights, the concept of a victim, and the distinctions of various quantitative dimensions of harm, consent, and offense, including the (...) magnitude, probability, risk, and "importance" of harm. (shrink)

A defense of amorality as both philosophically justified and practicably livable. While in synch with their underlying aim of grounding human existence in a naturalistic metaphysics, this book takes both the new atheism and the mainstream of modern ethical philosophy to task for maintaining a complacent embrace of morality. It advocates instead replacing the language of morality with a language of desire. The book begins with an analysis of what morality is and then argues that the concept is not instantiated (...) in reality. Following this, the question of belief in morality is addressed: How would human life be affected if we accepted that morality does not exist? The book argues that at the very least, a moralist would have little to complain about in an amoral world, and at best we might hope for a world that was more to our liking overall. An extended look at the human encounter with nonhuman animals serves as an illustration of amorality’s potential to make both theoretical and practical headway in resolving heretofore intractable ethical problems. (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)

I defend a perceptual account of face-to-face mindreading. I begin by proposing a phenomenological constraint on our visual awareness of others' emotional expressions. I argue that to meet this constraint we require a distinction between the basic and non-basic ways people, and other things, look. I offer and defend just such an account.

A review of Albert Casullo's "A Priori Justification" (Oxford University Press).

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.

Though most of analytic philosophy is based upon intuitions, some philosophers are beginning to question whether intuitions are an appropriate basis for philosophical theory. This paper responds to the arguments of some contemporary philosophers who hold that intuitions should not be treated as evidence for anything other than our contingent psychological constitution. It begins with a demonstration that skeptical arguments by Gilbert Harman and Alvin Goldman are variations on an argument with the potential to undermine the use of intuitions in (...) much philosophical inquiry. After a demonstration that Nicholas Sturgeon’s response to Harman’s argument is inadequate, it argues that all of the instances of the skeptical argument are unsuccessful because they are epistemically self-defeating. (shrink)

One can have no prior credence whatsoever (not even zero) in a temporally indexical claim. This fact saves the principle of conditionalization from potential counterexample and undermines the Elga and Arntzenius/Dorr arguments for the thirder position and Lewis' argument for the halfer position on the Sleeping Beauty Problem, thereby supporting the double-halfer position. -/- .

Socrates continues to be an extremely influential force to this day; his work is featured prominently in the work of contemporary thinkers ranging from Hannah Arendt and Leo Strauss, to Michel Foucault and Jacques Rancière. Intervening in this discussion, What Would Socrates Do? reconstructs Socrates' philosophy in ancient Athens to show its promise of empowering citizens and non-citizens alike. By drawing them into collective practices of dialogue and reflection, philosophy can help people to become thinking, acting beings more capable of (...) fully realizing the promises of political life. At the same time, however, Joel Alden Schlosser shows how these practices' commitment to interrogation keeps philosophy at a distance from the democratic status quo, creating a dissonance with conventional forms of politics that opens space for new forms of participation and critical contestation of extant ones. (shrink)

Socrates continues to be an extremely influential force to this day; his work is featured prominently in the work of contemporary thinkers ranging from Hannah Arendt and Leo Strauss, to Michel Foucault and Jacques Rancière. Intervening in this discussion, What Would Socrates Do? reconstructs Socrates' philosophy in ancient Athens to show its promise of empowering citizens and non-citizens alike. By drawing them into collective practices of dialogue and reflection, philosophy can help people to become thinking, acting beings more capable of (...) fully realizing the promises of political life. At the same time, however, Joel Alden Schlosser shows how these practices' commitment to interrogation keeps philosophy at a distance from the democratic status quo, creating a dissonance with conventional forms of politics that opens space for new forms of participation and critical contestation of extant ones. (shrink)

Moderate rationalists maintain that our rational intuitions provide us with prima facie justification for believing various necessary propositions. Such a claim is often criticized on the grounds that our having reliable rational intuitions about domains in which the truths are necessary is inexplicable in some epistemically objectionable sense. In this paper, I defend moderate rationalism against such criticism. I argue that if the reliability of our rational intuitions is taken to be contingent, then there is no reason to think that (...) our reliability is inexplicable. I also suggest that our reliability is, in fact, necessary, and that such necessary reliability neither admits of, nor requires, any explanation of the envisaged sort. (shrink)

Some recent developments in Artificial Intelligence—especially the use of machine learning systems, trained on big data sets and deployed in socially significant and ethically weighty contexts—have led to a number of calls for “transparency”. This paper explores the epistemological and ethical dimensions of that concept, as well as surveying and taxonomising the variety of ways in which it has been invoked in recent discussions. Whilst “outward” forms of transparency may be straightforwardly achieved, what I call “functional” transparency about the inner (...) workings of a system is, in many cases, much harder to attain. In those situations, I argue that contestability may be a possible, acceptable, and useful alternative so that even if we cannot understand how a system came up with a particular output, we at least have the means to challenge it. (shrink)

[Releases May 17th] The Life Worth Living investigates the exclusion of and discrimination against disabled people across the history of Western moral philosophy. Building on decades of activism and scholarship, Reynolds shows how longstanding views of disability are misguided and unjust, and he lays out a vision for an anti-ableist moral future. The introduction and first chapter are available to download here. -/- Table of Contents: Introduction: The Ableist Conflation. Part I: Pain. 1. Theories of Pain. 2. A Phenomenology of (...) Chronic Pain. Part II: Disability. 3. Theories of Disability. 4. A Phenomenology of Multiple Sclerosis. Part III: Ability. 5. Theories of Ability. 6. A Phenomenology of Ability. Conclusion: An Anti-Ableist Future. Acknowledgments. Notes. Bibliography. Index. (shrink)

Pharmaceutical companies fund the bulk of clinical research that is carried out on medications. Poor outcomes from these studies can have negative effects on sales of medicines. Previous research has shown that company funded research is much more likely to yield positive outcomes than research with any other sponsorship. The aim of this article is to investigate the possible ways in which bias can be introduced into research outcomes by drawing on concrete examples from the published literature. Poorer methodology in (...) industry-funded research is not likely to account for the biases seen. Biases are introduced through a variety of measures including the choice of comparator agents, multiple publication of positive trials and non-publication of negative trials, reinterpreting data submitted to regulatory agencies, discordance between results and conclusions, conflict-of-interest leading to more positive conclusions, ghostwriting and the use of seeding trials. Thus far, efforts to contain bias have largely focused on more stringent rules regarding conflict-of-interest (COI) and clinical trial registries. There is no evidence that any measures that have been taken so far have stopped the biasing of clinical research and it’s not clear that they have even slowed down the process. Economic theory predicts that firms will try to bias the evidence base wherever its benefits exceed its costs. The examples given here confirm what theory predicts. What will be needed to curb and ultimately stop the bias that we have seen is a paradigm change in the way that we treat the relationship between pharmaceutical companies and the conduct and reporting of clinical trials. (shrink)

We add texture to the conclusion of Duchon and Drake (Journal of Business Ethics, 85, 2009, 301) that extreme narcissism is associated with unethical conduct. We argue that the special features possessed by financial accounting facilitate extreme narcissism in susceptible CEOs. In particular, we propose that extremely narcissistic CEOs are key players in a recurring discourse cycle facilitated by financial accounting language and measures. Such CEOs project themselves as the corporation they lead, construct a narrative about the corporation and themselves (...) using financial accounting measures, and then reflect on how their accounting-constructed performance is perceived by stakeholders. We do not present empirical evidence about whether the use of accounting language and measures leads to unethical behaviour by extreme narcissistic CEOs — although the conclusions of Duchon and Drake (2009) suggest empirical support is probable. Rather, we focus on developing alertness to the potential for accounting, when engaged by an extremely narcissistic CEO, to be a precursor or implement of unethical behaviour. (shrink)