In this paper, I give a Kantian answer to the question whether and why it would be inappropriate to blame people suffering from mental disorders that fall within the schizophrenia spectrum. I answer this question by reconstructing Kant’s account of mental disorder, in particular his explanation of psychotic symptoms. Kant explains these symptoms in terms of various types of cognitive impairment. I show that this explanation is plausible and discuss Kant’s claim that the unifying feature of the symptoms is the (...) patient’s inability to enter into an exchange of reasons with others. After developing a Kantian Quality of Will Thesis, I analyze some real life cases. Firstly, I argue that delusional patients who are unable to enter into an exchange of epistemic reasons are exempted from doxastic rather than moral responsibility. They are part of the moral community and exonerated from moral blame only if their actions do not express a lack of good will. Secondly, I argue that disorganized patients who are unable to form intentions and to make plans are exempted from moral responsibility because they do not satisfy the conditions for agency. (shrink)

It is widely accepted among medical ethicists that competence is a necessary condition for informed consent. In this view, if a patient is incompetent to make a particular treatment decision, the decision must be based on an advance directive or made by a substitute decision-maker on behalf of the patient. We call this the competence model. According to a recent report of the United Nations (UN) High Commissioner for Human Rights, article 12 of the UN Convention on the Rights of (...) Persons with Disabilities (CRPD) presents a wholesale rejection of the competence model. The High Commissioner here adopts the interpretation of article 12 proposed by the Committee on the Rights of Persons with Disabilities. On this interpretation, CRPD article 12 renders it impermissible to deny persons with mental disabilities the right to make treatment decisions on the basis of impaired decision-making capacity and demands the replacement of all regimes of substitute decision-making by supported decision-making. In this paper, we explicate six adverse consequences of CRPD article 12 for persons with mental disabilities and propose an alternative way forward. The proposed model combines the strengths of the competence model and supported decision-making. (shrink)

According to what we propose to call “the competence model,” competence is a necessary condition for valid informed consent. If a person is not competent to make a treatment decision, the decision must be made by a substitute decision-maker on her behalf. Recent reports of various United Nations human rights bodies claim that article 12 of the Convention on the Rights of Persons with Disabilities involves a wholesale rejection of this model, regardless of whether the model is based on a (...) status, outcome, or functional approach to competence. The alleged rationale of this rejection is that denying persons the right to make their own treatment decisions based on an assessment of competence necessarily discriminates against persons with mental disorders. Based on a philosophical account of the nature of discrimination, we argue that a version of the competence model that combines supported decision-making with a functional approach to competence does not discriminate against persons with mental disorders. Furthermore, we argue that status- and outcome-based versions of the competence model are discriminatory. (shrink)

In this paper, I demonstrate that Kant's commitment to an asymmetry between the control conditions for praise and blame is explained by his endorsement of the principle Ought Implies Can (OIC). I argue that Kant accepts only a relatively weak version of OIC and that he is hence committed only to a relatively weak requirement of alternate possibilities for moral blame. This suggests that whether we are transcendentally free is irrelevant to questions about moral permissibility and moral blameworthiness.

It is a common picture that Kant is committed to an uncompromising account of moral responsibility that leaves no room for excuses. I argue that this picture is mistaken. More specifically, I reconstruct a Kantian quality of will account of excuses according to which an agent is excused for performing a morally wrong (or omitting a morally obligatory) action if and only if the action (or omission) does not manifest a lack of good will on the part of the agent. (...) Based on this Kantian quality of will account of excuses, I explain why agents are often excused in cases that involve physical constraint, unintentional bodily movement, ignorance, coercion or necessity. (shrink)

In this paper, I give a reconstruction of the so‐called Reinhold–Sidgwick objection and show that Korsgaard‐style Kantian constructivists are committed to two key premises of the underlying argument. According to the Reinhold–Sidgwick objection, the Kantian conception of autonomy entails the absurd conclusion that no one is ever morally responsible for a morally wrong action. My reconstruction of the underlying argument reveals that the objection depends on a third premise, which says that freedom is a necessary condition for moral responsibility. After (...) mapping the common replies to the objection, I demonstrate that none of these replies is available to Kantian constructivists. But they need not be committed to the absurd conclusion that no one is ever morally blameworthy. Kantian constructivists who want to resist the Reinhold–Sidgwick objection are well advised to subject the third premise of the underlying argument to critical scrutiny. (shrink)

The aim of this paper is to situate Kant in the debate on free will. Whereas Kantians often assume that Kant's views on free will cannot be brought under any of the headings of this debate, contemporary free will theorists commonly assume that Kant is an incompatibilist of the libertarian type. I argue against both assumptions: Kant can and should be characterized as a compatibilist and more specifically as a soft determinist. After removing some persistent misconceptions about Kant's position in (...) the free will debate, I contend that Kant affirms the truth of determinism, that he rejects the possibility of libertarian free will and that he considers the sort of freedom required for moral responsibility to be compatible with determinism. (shrink)

The fourth amendment to the German Medicinal Products Act (Arzneimittelgesetz) states that nontherapeutic research in incompetent populations is permissible under the condition that potential research participants expressly declare their wish to participate in scientific research in an advance research directive. This article explores the implementation of advance research directives in Germany against the background of the international legal and ethical framework for biomedical research. In particular, it addresses a practical problem that arises from the disclosure requirement for advance research directives. (...) We show that, if the disclosure standard for advance research directives is set at a token level, nontherapeutic research in incompetent populations becomes practically impossible. To resolve this issue, we suggest the disclosure standard be set at a type level. (shrink)

In this paper, I show that Kant’s solution to the third antinomy is a reply sui generis to the consequence argument. If sound, the consequence argument yields that we are not morally responsible for our actions because our actions are not up to us. After expounding the modal version of the consequence argument advanced by Peter van Inwagen, I show that Kant accepts a key inference rule of the argument as well as a requirement of alternate possibilities for moral blame. (...) Kant must therefore reject one of the premises of the consequence argument to be able to deny its conclusion. Whereas Kantian altered-past compatibilism denies the premise of the consequence argument which states the fixity of the past, Kantian altered-law compatibilism denies the premise that states the fixity of the laws of nature. My analysis shows that Kantian altered-past and altered-law compatibilism are logically consistent, yet it also reveals that they depend on strong metaphysical premises. It must be investigated whether these premises withstand textual scrutiny and whether they are credible in their own right. By way of conclusion, I draw the outlines of this investigation. (shrink)

The aim of this paper is to shed light on the complex relations between friendship and blame. In the first part, I show that to be friends is to have certain evaluative, emotional and behavioral dispositions toward each other, and distinguish between two kinds of norms of friendship, namely friendship-based obligations and friendship-constituting rules. Friendship-based obligations tag actions of friends as obligatory, permissible or wrong, whereas friendship-constituting rules specify conditions that, if met, make it so that two persons stand in (...) a particular type of relationship defined by various friendship-based obligations. I argue that whereas friendship-based obligations apply to actions under direct voluntary control, friendship-constituting rules apply to emotional and evaluative attitudes. The second part develops an account of friendship blame by comparing Scanlon’s account of blame with Wallace’s Strawsonian account of blame. I demonstrate that Scanlon’s account picks out responses that become appropriate when friends’ attitudes are not in agreement with friendship-constituting rules, whereas Wallace’s account picks out responses that become appropriate when friends violate friendship-based obligations. Arguing that the responses picked out by Scanlon’s account do not amount to blame, I show that, when combined, the views give an illuminating picture of possible reactions to friends who fall short of the standards of friendship. (shrink)

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Florijn’s analysis of the Dutch Supreme Court ruling on the Albert Heringa case demonstrates that the Dutch approach to justifying physician-assisted death is based primarily on the physician...

The ethics review of qualitative health research poses various challenges that are due to a mismatch between the current practice of ethics review and the nature of qualitative methodology. The process of obtaining ethics approval for a study by a research ethics committee before the start of a research study has been described as “procedural ethics” and the identification and handling of ethical issues by researchers during the research process as “ethics in practice.” While some authors dispute and other authors (...) defend the use of procedural ethics in relation to qualitative health research, there is general agreement that it needs to be supplemented with ethics in practice. This article aims to provide an illustration of research ethics in practice by reflecting on the ways in which we identified and addressed ethical and methodological issues that arose in the context of an interview study with mental health service users and relatives. We describe the challenges we faced and the solutions we found in relation to the potential vulnerability of research participants, the voluntariness of consent, the increase of participant access and the heterogeneity of the sample, the protection of privacy and internal confidentiality, and the consideration of personal and contextual factors. (shrink)

Treatment pressures are communicative strategies that mental health professionals use to influence the decision-making of mental health service users and improve their adherence to recommended treatment. Szmukler and Appelbaum describe a spectrum of treatment pressures, which encompasses persuasion, interpersonal leverage, offers and threats, arguing that only a particular type of threat amounts to informal coercion. We contend that this account of informal coercion is insufficiently sensitive to context and fails to recognize the fundamental power imbalance in mental healthcare. Based on (...) a set of counterexamples, we argue that what makes a proposal coercive is not whether service users will actually be made worse off if they reject the proposal, but rather whether they have the justified belief that this is the case. Whether this belief is justified depends on the presence of certain contextual factors, such as strong dependency on professionals and the salient possibility of formal coercion. (shrink)

Background Self-binding directives (SBDs) are psychiatric advance directives that include the possibility for service users to consent in advance to compulsory care in future mental health crises. Legal provisions for SBDs exist in the Netherlands since 2008 and were updated in 2020. While ethicists and legal scholars have identified several benefits and risks of SBDs, few data on stakeholder perspectives on SBDs are available. Aims The aim of the study was to identify opportunities and challenges of SBDs perceived by stakeholders (...) who have personal or professional experience with legally enforceable SBDs. Methods Data collection was carried out in the Netherlands from February 2020 to October 2021 by means of semi-structured interviews. Participants were selected through purposive sampling and snowball methods. Interviews were conducted with mental health service users (n = 7), professionals (n = 13), and an expert on SBD policy (n = 1), resulting in a total number of 21 interviews. The data were analyzed thematically. Results Perceived benefits of SBDs included increased autonomy, improvement of the therapeutic relationship, possibility of early intervention and prevention of harm, prevention of compulsory care, reduction of the duration of compulsory care and recovery, mitigation of negative experiences around compulsory care, and guidance for professionals in providing compulsory care. Perceived risks included infeasibility of SBD instructions, difficulty in decision-making around SBD activation, limited accessibility of SBDs, disappointment of service users due to non-compliance with SBDs, and limited evaluation and updating of SBD content. Barriers to SBD completion included lack of knowledge of SBDs among professionals, lack of motivation or insight among service users, and lack of professional support for SBD completion. Facilitators of SBD completion and activation included support for SBD completion, involvement of relatives and peer experts, specification of SBD content, and evaluation of compulsory care and SBD content. The new legal framework was regarded as having both positive and negative effects on SBD implementation. Conclusions Stakeholders who have personal or professional experience with legally enforceable SBDs perceive SBDs as having important benefits and tend not to articulate the fundamental ethical concerns about SBDs which can be found in the ethics and legal literature. Instead, they perceive ethical and practical challenges that can be addressed through the implementation of suitable safeguards. (shrink)

Definition of the problem The reform of German guardianship law coming into force in 2023 will remove the term “well-being” from the law. This is intended to emphasise that the legal guardian should be guided by the subjective wishes of the person rather than by an objective understanding of well-being. This article analyses the understanding of well-being underlying the reformed guardianship law in comparison to common conceptions of well-being in philosophy and medical ethics, aiming to promote interdisciplinary understanding between ethics (...) and law. Arguments The justification for the reform emphasises that the law is based on a subjective understanding of well-being. However, this understanding does not correspond to philosophical subjective theories of well-being, according to which only things that a person desires can contribute to her well-being. In contrast, the guardianship law assumes that the fulfilment of certain wishes can lead to objective harm to the person and thus impair her well-being. Negative consequences for the objective well-being of a person are only relevant insofar as they indicate a limit to following current wishes that are based on a natural will and are not an expression of self-determination. Conclusion While the term “well-being” is removed from reformed guardianship law, the law implicitly contains an understanding of well-being comparable to a hybrid conception of well-being from a medical ethics perspective. According to this conception, fulfilment of a person’s wishes generally contributes to her well-being, although certain objective criteria are also taken into consideration. (shrink)

Definition of the problem The reform of German guardianship law coming into force in 2023 will remove the term “well-being” from the law. This is intended to emphasise that the legal guardian should be guided by the subjective wishes of the person rather than by an objective understanding of well-being. This article analyses the understanding of well-being underlying the reformed guardianship law in comparison to common conceptions of well-being in philosophy and medical ethics, aiming to promote interdisciplinary understanding between ethics (...) and law. Arguments The justification for the reform emphasises that the law is based on a subjective understanding of well-being. However, this understanding does not correspond to philosophical subjective theories of well-being, according to which only things that a person desires can contribute to her well-being. In contrast, the guardianship law assumes that the fulfilment of certain wishes can lead to objective harm to the person and thus impair her well-being. Negative consequences for the objective well-being of a person are only relevant insofar as they indicate a limit to following current wishes that are based on a natural will and are not an expression of self-determination. Conclusion While the term “well-being” is removed from reformed guardianship law, the law implicitly contains an understanding of well-being comparable to a hybrid conception of well-being from a medical ethics perspective. According to this conception, fulfilment of a person’s wishes generally contributes to her well-being, although certain objective criteria are also taken into consideration. (shrink)

In a compelling article, Peterson, Karlawish and Largent argue that supported decision-making is preferable to substitute decision-making for people with dynamic impairments. We fully...

Over the past decades, science funding shows a shift from recurrent block funding towards project funding mechanisms. However, our knowledge of how project funding arrangements influence the organizational and epistemic properties of research is limited. To study this relation, a bridge between science policy studies and science studies is necessary. Recent studies have analyzed the relation between the affordances and constraints of project grants and the epistemic properties of research. However, the potentially very different affordances and constraints of funding arrangements (...) such as awards, prizes and fellowships, have not yet been taken into account. Drawing on eight case studies of funding arrangements in high performing Dutch research groups, this study compares the institutional affordances and constraints of prizes with those of project grants and their effects on organizational and epistemic properties of research. We argue that the prize case studies diverge from project-funded research in three ways: 1) a more flexible use, and adaptation of use, of funds during the research process compared to project grants; 2) investments in the larger organization which have effects beyond the research project itself; and 3), closely related, greater deviation from epistemic and organizational standards. The increasing dominance of project funding arrangements in Western science systems is therefore argued to be problematic in light of epistemic and organizational innovation. Funding arrangements that offer funding without scholars having to submit a project-proposal remain crucial to support researchers and research groups to deviate from epistemic and organizational standards. (shrink)

Models of intertemporal choice draw on three evaluation rules, which we compare in the restricted domain of choices between smaller sooner and larger later monetary outcomes. The hyperbolic discounting model proposes an alternative-based rule, in which options are evaluated separately. The interval discounting model proposes a hybrid rule, in which the outcomes are evaluated separately, but the delays to those outcomes are evaluated in comparison with one another. The tradeoff model proposes an attribute-based rule, in which both outcomes and delays (...) are evaluated in comparison with one another: People consider both the intervals between the outcomes and the compensations received or paid over those intervals. We compare highly general parametric functional forms of these models by means of a Bayesian analysis, a method of analysis not previously used in intertemporal choice. We find that the hyperbolic discounting model is outperformed by the interval discounting model, which, in turn, is outperformed by the tradeoff model. Our cognitive modeling is among the first to offer quantitative evidence against the conventional view that people make intertemporal choices by discounting the value of future outcomes, and in favor of the view that they directly compare options along the time and outcome attributes. (shrink)

In this paper, I present an outline of the oppression account of cultural appropriation and argue that it offers the best explanation for the wrongfulness of the varied and complex cases of appropriation to which people often object. I then compare the oppression account with the intimacy account defended by C. Thi Nguyen and Matt Strohl. Though I believe that Nguyen and Strohl’s account offers important insight into an essential dimension of the cultural appropriation debate, I argue that justified objections (...) to cultural appropriation must ultimately be grounded in considerations of oppression as opposed to group intimacy. I present three primary objections to the intimacy account. First, I suggest that in its effort to explain expressive appropriation claims (those that purportedly lack an independent ground), the intimacy account doubles down on the boundary problem. Second, I question whether group intimacy possess the kind of bare normativity that Nguyen and Strohl claim for it. Finally, I argue that these objections give us reason to accept the importance of group intimacy to the cultural appropriation debate, but question the source of its significance as identified by Nguyen and Strohl. (shrink)

Is there something morally wrong with cultural appropriation in the arts? I argue that the little philosophical work on this topic has been overly dismissive of moral objections to cultural appropriation. Nevertheless, I argue that philosophers working on epistemic injustice have developed powerful conceptual tools that can aid in our understanding of objections that have been levied by other scholars and artists. I then consider the relationship between these objections and the harms of cultural essentialism. I argue that focusing on (...) the systematic nature of appropriative harms may allow us to sidestep the problem of essentialism, but not without cost. (shrink)

Can we still watch Woody Allen's movies? Can we still laugh at Bill Cosby's jokes? Woody Allen, Kevin Spacey, Dave Chappelle, Louis C. K., J.K. Rowling, Michael Jackson, Roseanne Barr. Recent years have proven rife with revelations about the misdeeds, objectional views, and, in some instances, crimes of popular artists.

We analyze ethical policies of firms in industrialized countries and try to find out whether culture is a factor that plays a significant role in explaining country differences. We look into the firm’s human rights policy, its governance of bribery and corruption, and the comprehensiveness, implementation and communication of its codes of ethics. We use a dataset on ethical policies of almost 2,700 firms in 24 countries. We find that there are significant differences among ethical policies of firms headquartered in (...) different countries. When we associate these ethical policies with Hofstede’s cultural indicators, we find that individualism and uncertainty avoidance are positively associated with a firm’s ethical policies, whereas masculinity and power distance are negatively related to these policies. (shrink)

Inductive characterizations of the sets of terms, the subset of strongly normalizing terms and normal forms are studied in order to reprove weak and strong normalization for the simply-typed λ-calculus and for an extension by sum types with permutative conversions. The analogous treatment of a new system with generalized applications inspired by generalized elimination rules in natural deduction, advocated by von Plato, shows the flexibility of the approach which does not use the strong computability/candidate style à la Tait and Girard. (...) It is also shown that the extension of the system with permutative conversions by η-rules is still strongly normalizing, and likewise for an extension of the system of generalized applications by a rule of ``immediate simplification''. By introducing an infinitely branching inductive rule the method even extends to Gödel's T. (shrink)

This study investigates how ownership concentration in European multinational firms is associated with these firms’ corporate social responsibility (CSR). We employ factor analysis on responsibility data from EIRiS and use a regression analysis. Using firm-level data for almost 700 European firms, we find that shareholder concentration is significantly related to such policies. That is, more concentrated ownership goes hand in hand with poorer CSR policies. In our analysis, we control for size, leverage, profitability, industry, and country of origin. We use (...) several indicators for ownership concentration. We also find that with more concentrated ownership, CSR of the firm gets worse. We suggest that especially with large shareholders, CSR would need to be included in their performance assessment. (shrink)

In the present study we investigated the role of channel characteristics with regard to gender role portrayals in television advertisements. Drawing on cultivation theory and social cognitive theory, we investigated six key variables in this line of research. We sampled a total of N = 1022 advertisements from four Austrian television channels: a public service channel, a commercial channel, and one commercial special interest channel for men and for women, respectively. Our results replicate well-known stereotypic gender role portrayals prevalent in (...) television advertisements. The public service channel and the private channel did not differentiate from each other with regards to gender stereotyping. We found that a channel with a female target group aired advertisements containing the same or even amplified stereotypes compared to a male channel. The potential negative effects of stereotypic gender role portrayals in television advertisements are discussed. (shrink)

‘Heritage’ is a concept that often carries significant normative weight in moral and political argument. In this article, I present and critique a prevalent conception according to which heritage must have a positive valence. I argue that this view of heritage leads to two moral problems: Disowning Injustice and Embracing Injustice. In response, I argue for an alternative conception of heritage that promises superior moral and political consequences. In particular, this alternative jettisons the traditional focus on heritage as a primarily (...) positive relationship to the past, and thus offers resources for coming to terms with histories of injustice. (shrink)

It is often assumed that there is a necessary relationship between historical value and irreplaceability, and that this is an essential feature of historical value’s distinctive character. Contrary to this assumption, I argue that it is a merely contingent fact that some historically valuable things are irreplaceable, and that irreplaceability is not a distinctive feature of historical value at all. Rather, historically significant objects, from heirlooms to artifacts, offer us an otherwise impossible connection with the past, a value that persists (...) even in the face of suitable replacements. (shrink)

Finance is grease to the economy. Therefore, we assume that it may affect corporate social responsibility (CSR) and the sustainability of economic development too. This paper discusses the transmission mechanisms between finance and sustainability. We find that there is no simple one-to-one relationship between financial development and sustainable development but there are various – often indirect – linkages. It appears that most of the literature concentrates on the role of public shareholders when it comes to changing corporate policy and performance (...) in a more sustainable direction. However, this focus neglects the potential impact of the credit channel and private equity on a firm’s non-financial policies and performance. These very powerful mechanisms can govern business policies and practices. Therefore, there appears to be much more scope for finance to promote socially and environmentally desirable activities and to discourage detrimental activities than has been acknowledged in the academic literature so far. (shrink)

This article aims at providing a framework to assess corporate social responsibility with international banks. Currently, it is mainly rating institutions like EIRIS and KLD that provide information about firms’ social conduct and performance. However, this is costly information and it is not clear how the rating institutions arrive at their conclusion. We develop a framework to assess the social responsibility of internationally operating banks. We apply this framework to more than 30 institutions and find significant differences among individual banks, (...) countries, and regions. Furthermore, it appears that social responsibility of these banks has significantly improved between 2000 and 2005. (shrink)

Philosophers have used the terms 'impersonal' and 'personal value' to refer to, among others things, whether something's value is universal or particular to an individual. In this paper, I propose an account of impersonal value that, I argue, better captures the intuitive distinction than potential alternatives, while providing conceptual resources for moving beyond the traditional stark dichotomy. I illustrate the practical importance of my theoretical account with reference to debate over the evaluative scope of cultural heritage.

This chapter offers an overview of issues posed by the problem of immoral artists, artists who in word or deed violate commonly held moral principles. I briefly consider the question of whether the immorality of an artist can render their work aesthetically worse (making connections to chapters in the Theory section of the handbook), and then turn to questions about what the audience should do and feel in response to knowledge of these moral failings. I discuss questions such as whether (...) audiences have reason not to purchase or consume work by these artists, whether their shows and exhibitions should be canceled, and how fans might grapple with the emotional turmoil they feel when artists whom they love act or speak in ways that are morally condemnable. (shrink)

We investigate the implications of using different indicators to assess the sustainability performance of investment funds. In particular, we look into the environmental performance of Dutch government bond funds. We find that it does matter a lot which particular indicator is used. This suggests that funds should be very transparent and straightforward about their non-financial performance. We argue that basically they have three options. First, the industry comes up with a benchmark against which the responsibility of their investments is measured (...) and reported by all funds. Second, the funds make very clear and transparent which particular aspects of sustainability they specifically target and how they keep score. Third, the dashboard approach where the funds report their performance on a well-defined set of indicators. (shrink)

In this study, we try to establish what determines the substantial differences in the Nordic countries’ size and composition of socially responsible investing (SRI). We investigate if these differences between Denmark, Finland, Norway, and Sweden can be associated with key characteristics in economics, finance, culture, and institutions. We find that in particular economic openness, the size of the pension industry, and cultural values of masculinity (femininity) and uncertainty avoidance can be associated with the differences in SRI in the four countries. (...) On basis of these findings, we lay foundations for an international theory of SRI. (shrink)

We investigate how conventional asset managers account for environmental, social, and governance factors in their investment process. We do so on the basis of an international survey among fund managers. We find that many conventional managers integrate responsible investing in their investment process. Furthermore, we find that ESG information in particular is being used for red flagging and to manage risk. We find that many conventional fund managers have already adopted features of responsible investing in the investment process. Furthermore, we (...) argue and show that ESG investing is highly similar to fundamental investing. We also reveal that there is a substantial difference in the ways in which U.S. and European asset managers view ESG. (shrink)