We critique a series of recent papers in which Reidenbach and Robin developed a multidimensional ethics scale. Our critique raises four problems for the scale. First, it is not clear what the scale measures. Second, the semantic differential items used in the scale seem problematic. Third, the scale omits several important ethical rationales. Finally, no caveats accompany the scale to alert managers about its proper and improper use.

Repositories of tissues, cell lines, blood samples, and other biological specimens are crucial to genomics, proteomics, and other emerging forms of biomedical research. Creation of these repositories by individual researchers and their affiliated organizations, commercial entities, and even governments has been labeled “biobanking” in the bioethics literature. Biobanking as a metaphor for the collection, transfer, and use of these specimens suggests a framework for the legal response to conflicts that may arise - one embedded in principles of contract law and (...) property ownership with an overlay of legislatively authorized regulation of the “industry.”. (shrink)

In this article I defend what Mark Greenberg has labeled the standard picture of law against the attack on it by Greenberg and Scott Hershovitz. I point out that law on the standard picture’s conception of it has moral virtues that Greenberg's own moral impact theory and Hershovitz’s similar theory lack. Moreover, it avoids a vicious circularity that bedevils Greenberg’s theory.

In the last two decades there has been a meteoric rise of international criminal tribunals and courts and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity (...) crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals. (shrink)

'Image Ethics in the Digital Age' brings together leading experts in the fields of journalism, media studies, & law to address the challenges presented by new technology & assess the implications for personal & societal values & behavior.

This piece is a review essay on Victor Tadros’s The Ends of Harm. Tadros rejects retributive desert but believes punishment can be justified instrumentally without succumbing to the problems of thoroughgoing consequentialism and endorsing using people as means. He believes he can achieve these results through extension of the right of self-defense. I argue that Tadros fails in this endeavor: he has a defective account of the means principle; his rejection of desert leads to gross mismatches of punishment and culpability; (...) and he cannot account for punishment of inchoate crimes. (shrink)

Working memory resources are needed for processing and maintenance of information during cognitive tasks. Many models have been developed to capture the effects of limited working memory resources on performance. However, most of these models do not account for the finding that different individuals show different sensitivities to working memory demands, and none of the models predicts individual subjects' patterns of performance. We propose a computational model that accounts for differences in working memory capacity in terms of a quantity called (...) source activation, which is used to maintain goal‐relevant information in an available state. We apply this model to capture the working memory effects of individual subjects at a fine level of detail across two experiments. This, we argue, strengthens the interpretation of source activation as working memory capacity. (shrink)

El artículo aborda de modo breve la extensa producción epistemológica y metodológica de Hugo Zemelman. El esfuerzo está centrado en mostrar su potencialidad no como reemplazo de un modo aceptado de hacer investigación científica, sino más bien en valorizar una forma diferente de hacer el recorte del campo de observación y posterior intervención en el mismo. A partir de este objetivo, se revisan categorías relevantes de la propuesta, procurando conformar un “corpus” de conocimiento coherente y pertinente a los fines de (...) comprender el planteo que realiza el autor estudiado.The article briefly summarizes the extensive epistemological and methodological production of Hugo Zemelman. The effort shows its potentiality not as a replacement of an accepted mode of scientific research, but in give value to a different form to make the frame of the observation field and later its intervention. Later, I review his main categories, trying to create a coherent and pertinent ‘corpus’ of knowledge in order to comprehend the proposal from the author. (shrink)

This article discusses Jan Narveson's "Welfare and Wealth, Poverty and Justice in Today's World," and "Is World Poverty a Moral Problem for the Wealthy?" and their relation to my "Thinking about the Needy, Justice, and International Organizations." Section 2 points out that Narveson's concerns differ from mine, so that often his claims and mine fail to engage each other. For example, his focus is on the poor, mine the needy, and while many poor are needy, and vice versa, our obligations (...) may differ regarding the poor than regarding the needy. Also, Narveson invokes a narrow conception of morality as those rules that government or society may compel people to follow. Given a broader, more plausible, conception of morality, many of Narveson's claims actually support my substantive views. Section 3 shows that many of Narveson's claims are relevant to the best means of aiding the needy, but do not challenge the validity of that end. This is true, for example, of his claims about the role of poor governments, the importance of freedom, the undesirability of mere "handouts," and the effects of bad economic policies. Section 4 defends the importance of my distinction between acting justly and acting for reasons of justice. It illustrates that on several widely shared conceptions of justice there might be agent-neutral reasons of justice to aid the needy, even if from an agent-relative perspective one would not be acting unjustly if one failed to do so. Section 5 contests Narveson's portrayal of egalitarianism as concerned about inequality of wealth, per se, as insensitive to prior wrongs, and as holding that the worse-off have a right to be made better off at the expense of the well-off. In addition, it rejects Narveson's contention that egalitarians violate impartiality, and aim to impose their personal tastes on others. Section 6 challenges a fundamental assumption underlying Narveson's doctrine of mutual advantage. In addition, it denies that egalitarians are irrational merely because equality can conflict with the pareto principle. More generally, by appealing to impersonal ideals, it challenges the widely held view that the pareto principle is a condition of rationality. Section 7 argues that Narveson's meta-ethical assumptions are controversial, internally inconsistent, in tension with his normative views, and ultimately a version of skepticism. In addition, it challenges Narveson's view about the role intuitions play in moral theory. Section 8 clarifies points where Narveson's discussion of my views may be misleading. Finally, the paper notes the role that moral reasons may play in deliberation and action, but emphasizes the philosophical and theoretical nature of my work. My aim is to determine the moral considerations that are relevant to how people should act regarding the needy. Whether people will actually be moved to so act, for those reasons or otherwise, is another matter. (shrink)

I have discussed the frame problem and the Turing test at length, but I have not attempted to spell out what I think the implications of the frame problem ...

This article aims to convey a few of the key claims and arguments ofmy book, Rethinking the Good: Moral Ideals and the Nature of PracticalReasoning. The article gives an example of a Spectrum Argument, andillustrates that such arguments put pressure on the Axiom of Transitivity,which holds that for any three possible outcomes or alternatives, A, B, andC, if, all things considered, A is better than B, and B is better than C, then Ais better than C. The article distinguishes between (...) two different approachesto understanding the goodness of outcomes, the Internal Aspects View andthe Essentially Comparative View. It suggests that two deeply plausible, butseemingly incompatible, positions underlying the Spectrum Argument,an Additive-Aggregationist Position, and an Anti-Additive-AggregationistPosition, reflect the Essentially Comparative View, and that on such aview they are not incompatible. The article introduces several widely-heldviews about neutrality and dominance principles, and shows that some ofthese views are incompatible. The article contends that various ideals orviews that people care about are most plausibly understood as essentiallycomparative, and notes that one such view, a Narrow Person-Affecting View,will be especially difficult to reject in at least some cases. It also illustrateshow such a view, like other essentially comparative views, threatens theAxiom of Transitivity. The article concludes by contending that we mustseriously rethink our understanding of the good, moral ideals, and thenature of practical reasoning, while recognizing that the way forward ismurky, at best. (shrink)

The main aim of this essay is to propose and develop a product?oriented, non?psychologistic, approach to scientific and artistic creativity. I first argue that the central problem is that of answering the question: how is creativity possible? Traditional approaches to this question tend to locate creativity primarily in some special psychological processes or traits, or in some special creative act. Some general arguments against such an approach are developed, and it is suggested that creativity ought primarily to be located in (...) scientific and artistic products. I then investigate the question ?what aspects of such products lead us to evaluate them as creative?? and use the results of this inquiry as a set of desiderata against which to evaluate various general views as to the nature of the creative process itself. The upshot of this procedure is the development of a kind of ?Darwinian? model whose novel feature lies in the suggestion that the process of production has, in effect, been controlled (plastically) by those very factors which can enable the product to be a creative one. (shrink)

The categories of "civilian" or "soldier,” “combatant" or “noncombatant,” are thought to be stable. Yet, the case of the naked soldier taking a bath challenges such stability in a way that illustrates the serious conceptual and normative problems with identifying such social groups.

Leading legal, political and moral theorists discuss the normative issues that arise when war concludes and when a society strives to regain peace.

This chapter provides comments on some current longevity research. The ultimate aim of longevity research is to stop the aging process, so that none of us need die of old age. The chapter indicates the attitudes towards death and science. It discusses some worries about immortality raised by Leon Kass and Bernard Williams. In “Mortality and Morality: The Virtues of Finitude,” Leon Kass, raised many deep worries about immortality. One was that many of our greatest creations resulted from the recognition (...) of our own mortality. Bernard Williams notes that if our lives persisted unendingly through time, then there would either be significant alterations in a person's deepest projects, commitments, and character, or there would not. The author suggests that we should favor living well over living longer, and ongoing reproduction over immortality, and we should think long and hard before proceeding with certain lines of longevity research. (shrink)

For positivists and post-positivists alike, methodology had a decidedly suspect status. Positivists saw methodological rules as stipulative conventions, void of any empirical content. Post-positivists (especially naturalistic ones) see such rules as mere descriptions of how research is conducted, carrying no normative force. It is argued here that methodological rules are fundamentally empirical claims, but ones which have significant normative bite. Methodology is thus divorced both from foundationalism and conventionalism.

In March 1996, the General Accounting Office (GAO) issued the reportScientific Research: Continued Vigilance Critical to Protecting Human Subjects.It stated that “an inherent conflict of interest exists when physician-researchers include their patients in research protocols. If the physicians do not clearly distinguish between research and treatment in their attempt to inform subjects, the possible benefits of a study can be overemphasized and the risks minimized.” The report also acknowledged that “the line between research and treatment is not always cleartoclinicians. Controversy (...) exists regarding whether certain medical procedures should be categorized as research.”This problem currently plagues gene transfer research. A few months prior to the GAO report, an ad hoc committee appointed by National Institutes of Health (NIH) Director Harold Varmus expressed similar concerns in its assessment of NIH investment in research on gene therapy. (shrink)

In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My conclusions will be that strict liability is never proper as the basis for retributive punishment; that it is a very crude device for achieving deterrence through nonretributive (...) penalties; and that with respect to tort liability, it is best justified as a means of defining insurance categories. (shrink)

In this paper I argue that punishment should be proportional to desert; that desert turns solely on culpability and not on results: that culpability is a function of what the actor perceives are the risks of his act to others’ interests and the reasons he perceives that might justify, excuse, or aggravate taking those risks; that because culpability is a complex function, ordinally ranking acts in terms of culpability is quite difficult; that converting the ordinal ranking into cardinal measures of (...) deserved punishment must perforce be controversial; and that deserved punishment, which is deserved suffering, must somehow deal with the fact that the actor may have already suffered undeservedly. (shrink)

In a recent article in The Journal of Clinical Ethics, David Wendler argues that worries about the therapeutic misconception (TM) are not only misconceived, but detract from the larger agenda of a proper informed consent for subjects involved in clinical research. By contrast, we argue that Wendler mischaracterizes those who support TM research, and that his arguments are fragmentary, often illogical, and neglect a critical difference between clinical care and clinical research. A clear explanation about the chief aim of research (...) is, in fact, what gives the other elements in a consent process their meaning. We argue that informed consent must be both trial-specific and context-sensitive, and that concern about the TM is needed now more than ever. (shrink)