It has become increasingly difficult for individuals to exercise meaningful control over the personal data they disclose to companies or to understand and track the ways in which that data is exchanged and used. These developments have led to an emerging consensus that existing privacy and data protection laws offer individuals insufficient protections against harms stemming from current data practices. However, an effective and ethically justified way forward remains elusive. To inform policy in this area, we propose the Ethical (...) Data Practices framework. The framework outlines six principles relevant to the collection and use of personal data—minimizing harm, fairly distributing benefits and burdens, respecting autonomy, transparency, accountability, and inclusion—and translates these principles into action-guiding practical imperatives for companies that process personal data. In addition to informing policy, the practical imperatives can be voluntarily adopted by companies to promote ethical data practices. (shrink)

Biomedical research funding bodies across Europe and North America increasingly encourage—and, in some cases, require—investigators to involve members of the public in funded research. Yet there remains a striking lack of clarity about what ‘good’ or ‘successful’ public involvement looks like. In an effort to provide guidance to investigators and research organisations, representatives of several key research funding bodies in the UK recently came together to develop the National Standards for Public Involvement in Research. The Standards have critical implications for (...) the future of biomedical research in the UK and in other countries as researchers and funders abroad look to the Standards as a model for their own policy development. We assess the Standards and find that despite offering useful suggestions for dealing with practical challenges associated with public involvement, the Standards fail to address fundamental questions about when, why and with whom public involvement should be undertaken in the first place. We show that presented without this justificatory context, many of the recommendations in the Standards are, at best, fragments that require substantial elaboration by those looking to apply the Standards in their own work and, at worst, subject to potentially harmful misapplication by well-meaning investigators. As funding bodies increasingly push for public involvement in research, the key lesson of our analysis is that future recommendations about how public involvement should be conducted cannot be coherently formulated without a clear sense of the underlying goals and rationales for public involvement. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Unmastering Speech:Irony in Plato's PhaedrusMatthew S. Linck"So, my shall suffer what it deserves."—Phaedrus 242a1It is tempting, after one has reflected closely on the words and deeds of the Phaedrus, to read the dialogue as if Socrates had the whole conversation worked out from the first words. The art of Plato is such that the intricate cohesion of word and action reveals itself through many layers. Plato writes; and as (...) a writer he has the time and the means (written letters) to compose. But what is Socrates doing? He does not have the leisure to compose "over a long period of time" (228a). He is responding to particular individuals, in particular circumstances, in the moment. He is thinking on his feet. One might claim that this is actually the first deficiency of the dialogues, that they are artificial and unrealistic in this way. If the written text reveals itself as finely crafted in the subtlety of its inner connections, how seriously can we take the apparent spontaneity of the spoken discourse? My suggestion would be that we take this not as a fault of the dialogues, but rather as the first instance of Plato's irony. This may be Plato's supreme irony—the evocation of truth through artificiality.But that is already going too fast. I want to begin by looking at the words and deeds of Socrates and Phaedrus, without considering yet what Plato might be doing as the author of the dialogue. My first interpretive principle will be to take the drama at face value, as naturalistic, temporal, and even commonplace—two friends go for a walk in the countryside to listen to speeches.Immediately, however, the commonness is disrupted. The city, the commonwealth, is left behind. This is certainly uncommon for Socrates, who never leaves the city walls.2 Furthermore, the language of the text indicates a thematization of, out-of-placeness, strangeness. Rather than being accused of already violating my one hermeneutical principle, it should be noted that this indication of strangeness comes through the words [End Page 264] and deeds of the characters, not through a retrospective recovery of the dialogue as a whole. From the beginning the reader encounters a tension between the commonplace and the unusual.3Nevertheless, the impetus to move outside of the city is commonplace enough. Phaedrus has a speech that Socrates wants to hear. Before Socrates is told what this speech is about, he indicates that nothing would please him more than "hearing how you [Phaedrus] and Lysias passed the time" (227b). After Phaedrus, in his excitement, gives away the topic of the speech—"an attempted seduction of a handsome boy—but not by a lover!" (227c)—Socrates seems even more eager to hear the speech. Does Socrates already see what is to come? Is he merely excited to hear a speech, or is he excited about challenging the beautiful Phaedrus' excitement about a speech that defends an unworthy principle—"that one should gratify the one who does not love rather than the one who does" (227c)?After leaving the city and finding a comfortable place for their speech, for, Phaedrus reads his copy of Lysias' speech for Socrates. The gist of Lysias' speech, as Phaedrus has already announced, is that a young lover should associate himself with, and gratify, a non-lover rather than one who is in love. One central theme of the speech, which will be important for thinking about irony, is that of self-mastery. The recurring motif in Lysias' speech is that the lover is not in control of himself, while the non-lover is. Therefore (the non-lover argues) associating with a lover is unpredictable, and will most likely result in harm to the beloved. The non-lover claims that his self-control will prevent and preclude unforeseen harm. This slippage, from self-mastery to mastery of the situation, is decisive. We would be wrong to interpret Socrates' two speeches as wholesale rejections of everything in Lysias' speech. Socrates cannot reject self-control outright. His consistent concern with rules out simply espousing lack of control. Yet the measuredness of Socratic practice does not entail the... (shrink)

In some cases, harming another gives rise to a duty to compensate for harm done. This paper argues that the influential explanations of such duties of compensation—that they are somehow derived from rights intrusions, or breaches of duties not to harm—fail. I offer and defend an alternative explanation for why certain harms and not others give rise to compensatory duties, an explanation that seeks to derive them from wide-scope duties not to harm or to compensate for harm done.

The prospect of using memory modifying technologies raises interesting and important normative concerns. We first point out that those developing desirable memory modifying technologies should keep in mind certain technical and user-limitation issues. We next discuss certain normative issues that the use of these technologies can raise such as truthfulness, appropriate moral reaction, self-knowledge, agency, and moral obligations. Finally, we propose that as long as individuals using these technologies do not harm others and themselves in certain ways, and as long (...) as there is no prima facie duty to retain particular memories, it is up to individuals to determine the permissibility of particular uses of these technologies. (shrink)

"Featuring seventeen original essays on the ethics of Artificial Intelligence by some of the most prominent AI scientists and academic philosophers today, this volume represents the state-of-the-art thinking in this fast-growing field and highlights some of the central themes in AI and morality such as how to build ethics into AI, how to address mass unemployment as a result of automation, how to avoiding designing AI systems that perpetuate existing biases, and how to determine whether an AI is conscious. As (...) AI technologies progress, questions about the ethics of AI, in both the near-future and the long-term, become more pressing than ever. Should a self-driving car prioritize the lives of the passengers over the lives of pedestrians? Should we as a society develop autonomous weapon systems that are capable of identifying and attacking a target without human intervention? What happens when AIs become smarter and more capable than us? Could they have greater than human moral status? Can we prevent superintelligent AIs from harming us or causing our extinction? At a critical time in this fast-moving debate, thirty leading academics and researchers at the forefront of AI technology development come together to explore these existential questions, including Aaron James, Allan Dafoe, Andrea Loreggia, Andrew Critch, Azim Shariff, Carrick Flynn, Cathy O'Neil, Eliezer Yudkowsky, Eric Schwitzgebel, Frances Kamm, Francesca Rossi, Hanna Gunn, Iyad Rahwan, Jessica Taylor, JF Bonnefon, K. Brent Venable, Kate Devlin, Mara Garza, Nicholas Mattei, Nick Bostrom, Patrick LaVictoire, Peter Asaro, Peter Railton, S. Matthew Liao, Shannon Vallor, Stephen Wolfram, Steve Petersen, Stuart Russell, Susan Schneider, Wendell Wallach "--. (shrink)

A major challenge to the Doctrine of Double Effect is the concern that an agent’s intention can be identified in such a fine-grained way as to eliminate an intention to harm from a putative example of an intended harm, and yet, the resulting case appears to be a case of impermissibility. This is the so-called “closeness problem.” Many people believe that one can address the closeness problem by adopting Warren Quinn’s version of the DDE, call it DDE*, which distinguishes between (...) harmful direct agency and harmful indirect agency. In this paper, I first argue that Quinn’s DDE* is just as vulnerable to the closeness problem as the DDE is. Second, some might think that what we should therefore do is give up on intentions altogether and move towards some kind of non-state-of-mind, victim-based deontology. I shall argue against this move and explain why intentions are indispensable to an adequate nonconsequentialist theory. Finally, I shall propose a new way of answering the closeness problem. (shrink)

Participants in some clinical trials are at risk of being harmed and sometimes are seriously harmed as a result of not being provided with available, relevant risk information. We argue that this situation is unacceptable and that there is a moral duty to disclose all adverse clinical trial results to participants in clinical trials. This duty is grounded in the human right not to be placed at risk of harm without informed consent. We consider objections to disclosure grounded in considerations (...) of commercial interest, and we argue that these concerns are insufficient to override the moral duty to disclose adverse clinical trial results. However, we also develop a proposal that enables commercial interests to be protected, while promoting the duty to disclose adverse clinical trial results. (shrink)

Judith Jarvis Thomson's Loop Case is particularly significant in normative ethics because it questions the validity of the intuitively plausible Doctrine of Double Effect, according to which there is a significant difference between harm that is intended and harm that is merely foreseen and not intended. Recently, Frances Kamm has argued that what she calls the Doctrine of Triple Effect, which draws a distinction between acting because-of and acting in-order-to, can account for our judgment about the Loop Case. In this (...) paper, I first argue that even if the distinction drawn by DTE can be sustained, it does not seem to apply to the Loop Case. Moreover, I question whether this distinction has any normative significance. The upshot is that I am skeptical that DTE can explain our judgment about the Loop Case. (shrink)

In “Genetic Privacy, Disease Prevention, and the Principle of Rescue,” Madison Kilbride argues that patients have a duty to warn biological family members about clinically actionable adverse genetic findings. The duty does not stem from the special obligations that we may have to family members, she argues, but rather follows from the principle of rescue, which she understands as the idea that one ought to prevent, reduce, or mitigate the risk of harm to another person when the expected harm is (...) serious and the cost or risk to oneself is sufficiently moderate. We doubt, however, whether the principle of rescue can ground a duty to warn in the cases Kilbride envisages, and we suggest that Kilbride may have underappreciated the role that special obligations could play in generating a duty to warn family members. (shrink)

Recently, Gerhard Øverland and Alec Walen have developed novel and interesting theories of nonconsequentialism. Unlike other nonconsequentialist theories such as the Doctrine of Double Effect, each of their theories denies that an agent’s mental states are relevant for determining how stringent their moral reasons are against harming others. Instead, Øverland and Walen seek to distinguish morally between instances of harming in terms of the circumstances of the people who will be harmed, rather than in features of the agent doing the (...) harming. In this paper, we argue that these theories yield counterintuitive verdicts across a broad range of cases that other nonconsequentialist theories handle with relative ease. We also argue that Walen’s recent attempt to reformulate this type of theory so that it does not have such implications is unsuccessful. (shrink)

Participants in some clinical trials are at risk of being harmed and sometimes are seriously harmed as a result of not being provided with available, relevant risk information. We argue that this situation is unacceptable and that there is a moral duty to disclose all adverse clinical trial results to participants in clinical trials. This duty is grounded in the human right not to be placed at risk of harm without informed consent. We consider objections to disclosure grounded in considerations (...) of commercial interest, and we argue that these concerns are insufficient to override the moral duty to disclose adverse clinical trial results. However, we also develop a proposal that enables commercial interests to be protected, while promoting the duty to disclose adverse clinical trial results. (shrink)

In this article, we propose the Fair Priority Model for COVID-19 vaccine distribution, and emphasize three fundamental values we believe should be considered when distributing a COVID-19 vaccine among countries: Benefiting people and limiting harm, prioritizing the disadvantaged, and equal moral concern for all individuals. The Priority Model addresses these values by focusing on mitigating three types of harms caused by COVID-19: death and permanent organ damage, indirect health consequences, such as health care system strain and stress, as well (...) as economic destruction. It proposes proceeding in three phases: the first addresses premature death, the second long-term health issues and economic harms, and the third aims to contain viral transmission fully and restore pre-pandemic activity. -/- To those who may deem an ethical framework irrelevant because of the belief that many countries will pursue "vaccine nationalism," we argue such a framework still has broad relevance. Reasonable national partiality would permit countries to focus on vaccine distribution within their borders up until the rate of transmission is below 1, at which point there would not be sufficient vaccine-preventable harm to justify retaining a vaccine. When a government reaches the limit of national partiality, it should release vaccines for other countries. -/- We also argue against two other recent proposals. Distributing a vaccine proportional to a country's population mistakenly assumes that equality requires treating differently situated countries identically. Prioritizing countries according to the number of front-line health care workers, the proportion of the population over 65, and the number of people with comorbidities within each country may exacerbate disadvantage and end up giving the vaccine in large part to wealthy nations. (shrink)

Promising new solutions or risking unprecedented harms, science and its technological affordances are increasingly portrayed as matters of global concern, requiring in-kind responses. In a wide range of recent discourses and global initiatives, from the International Summits on Human Gene Editing to the Intergovernmental Panel on Climate Change, experts and policymakers routinely invoke cosmopolitan aims. The common rhetoric of a shared human future or of one humanity, however, does not always correspond to practice. Global inequality and a lack of (...) accountability within most institutional contexts of international governance render these cosmopolitan proclamations of ‘one human community’ incoherent and even harmful. More generally, there exists no shared normative standard for the cosmopolitan governance of science, with which such global initiatives could be evaluated. Taking a broadly philosophical perspective, the present paper aims to better understand this problem situation, identifying three high-level challenges global governance of technoscience: problematic ideals of technology and science, the unjust formation of “global” concerns, and the limitations of cosmopolitan theory. By holistically engaging these jointly empirical and normative sites of inquiry, scholars can better support humanity’s re-imagination of technoscientific practices within and beyond the nation-state. (shrink)

Kant claims that animal suffering only matters if it affects us indirectly by making us more callous toward other persons. This seems inconsistent with Kant’s formal moral theory, and it seems to entail that we are morally better off if we remain willfully ignorant of animal suffering. In defense of Kant’s indirect view, I explain how psychological facts should play a role in the application of the categorical imperative. I then give three responses to the objection that Kant encourages willful (...) ignorance. First, supporting practices of animal exploitation facilitates a system that harms workers. Second, moral ignorance as a habit of mind makes us more likely to ignore morally relevant harm to other persons. Third, remaining intentionally ignorant is not in keeping with our capacity for intellectual self-determination. (shrink)

Confidentiality is a core value in medicine and public health yet, like other core values, it is not absolute. Medical ethics has typically allowed for breaches of confidentiality when there is a credible threat of significant harm to an identifiable third party. Medical ethics has been less explicit in spelling out criteria for allowing breaches of confidentiality to protect populations, instead tending to defer these decisions to the law. But recently, issues in military detention settings have raised the profile of (...) decisions to breach medical confidentiality in efforts to protect the broader population. National and international ethics documents say little about the confidentiality of detainee medical records. But initial decisions to use detainee medical records to help craft coercive interrogations led to widespread condemnation, and might have contributed to detainee health problems, such as a large number of suicide attempts several of which have been successful. More recent military guidance seems to reflect lessons learned from these problems and does more to protect detainee records. For the public health system, this experience is a reminder of the importance of confidentiality in creating trustworthy, and effective, means to protect the public's health. (shrink)

In “Diversifying Effective Altruism’s Longshots in Animal Advocacy”, Matthew C. Halteman acknowledges the value of aspects of the EA method but considers two potential critical concerns. First, it isn’t always clear that effective altruism succeeds in doing the most good, especially where long-shots like foiling misaligned AI or producing meat without animals are concerned. Second, one might worry that investing large sums of money in long-shots like these, even if they do succeed, has the opportunity cost of failing adequately (...) to combat systemic injustice in the shorter term. This chapter explains each of these reservations and goes on to suggest some exciting new initiatives—institution-building in Black veganism, higher education, and religious communities—that could mitigate these reservations, energize and diversify the movement, and remain true to the EA method of supporting underexploited but potentially high-impact causes that produce non-fungible goods otherwise unlikely to be funded. (shrink)

Skeptics of the moral case against industrial farming often assert that harm to animals in industrial systems is limited to isolated instances of abuse that do not reflect standard practice and thus do not merit criticism of the industry at large. I argue that even if skeptics are correct that abuse is the exception rather than the rule, they must still answer for two additional varieties of serious harm to animals that are pervasive in industrial systems: procedural harm and institutional (...) oppression. That procedural and institutional harms create conditions under which abuse is virtually inevitable only increases the skeptic's burden. (shrink)

Critics often suggest that Socrates’ portrait of the philosopher’s inspired madness in his second speech in Plato’s Phaedrus is incompatible with the other types of divine madness outlined in the same speech, namely poetic, prophetic, and purificatory madness. This incompatibility is frequently taken to show that Socrates’ characterisation of philosophers as mad is disingenuous or misleading in some way. While philosophical madness and the other types of divine madness are distinguished by the non-philosophical crowd’s different interpretations of them, I aim (...) to show that they are not, in fact, presented as incompatible. Socrates’ pair of speeches demonstrates that madness can be divided into harmful and beneficial kinds, and in Socrates’ key discussion of philosophical madness (249c4-e4), I argue that the crowd correctly recognises that the philosopher is mad on the basis of his eccentricity, but wrongly assumes that the philosopher’s madness is of the harmful type because it fails to realise that the philosopher is enthused. Socrates’ second speech provides information about human souls and gods which shows that philosophical madness belongs to the beneficial type and so falls under the heading of divine enthusiasm after all. Importantly, human souls and gods are shown in the speech to be roughly isomorphic. Both philosophical and other kinds of divine madness involve having something divine inside a human body (entheos): in the former a human soul has become godlike; in the latter a human soul has been displaced by a god. Because of this, I propose that philosophy is presented as a genuine form of divine madness alongside the other more conventional examples. (shrink)

Within the context of U.K. law, the right to respect for private life, articulated in Article 8 of the European Convention on Human Rights, and acknowledged more opaquely in domestic legislation and case law, is one whose scope is unclear. Nowhere is this brought into sharper relief than in cases where conduct which manifests a person’s sexual identity, or concerns her intimate relations with others, is prima facie criminal. In this essay I attempt, through a discussion of cases in which (...) injury is caused in the context of relationships experienced inter-subjectively as private, to explore the contexts in which the law is prepared to legitimate that inter-subjective experience, and where it is not. Using cases in which injury has been caused purposively (in S/m sex), and incidentally (through the reckless transmission of HIV during sexual intercourse), the essay argues that the law is prepared to respect the right to respect for private life only in so far as the private life concerned is one which reinforces traditional gender roles and relationship types; in short, a life that one would be prepared to live publicly. (shrink)

Declaring a cosmopolitan right to scientific progress risks perpetuating many of the inequities it aims to overcome. This calls for a re-imagination of science that directly responds to science’s links to violent nationalist projects and the harms of capitalism.

In this article, I consider the neglected question of justice between states in the distribution of responsibility for refugees. I argue that a just distribution of refugees across states is an important normative goal and, accordingly, I attempt to rethink the normative foundations of the global refugee regime. I show that because dismantling the restrictive measures currently used by states in the global South to prevent the arrival of refugees will not suffice to ensure a just distribution of refugees between (...) states, a more detailed account of how responsibilities should be shared between states is required. To this end, I make three claims. First, I argue that the definition of ‘refugee’ must be broadened beyond those subjected to persecution to include harms of action or omission by states that seriously jeopardise personal security or subsistence needs. Second, I argue that allocating a fair share of refugees to states should be based on state’s integrative capacities. Finally, I argue that distributive justice between states must be balanced against the legitimate interests of refugees in their destination country and the duty of states to ensure they are settled in places where they are likely to flourish. (shrink)

Discussions of the non-identity problem presuppose a widely shared intuition that actions or policies that change who comes into existence don't, thereby, become morally unproblematic. We hypothesize that this intuition isn’t generally shared by the public, which could have widespread implications concerning how to generate support for large-scale, identity-affecting policies relating to matters like climate change. To test this, we ran a version of the well-known dictator game designed to mimic the public's behavior over identity-affecting choices. We found the public (...) does seem to behave more selfishly when making identity-affecting choices, which should be concerning. We further hypothesized that one possible mechanism is the notion of harm the public uses in their decision-making and find that substantial portions of the population seem to each employ distinct notions of harm in their normative thinking. These findings raise puzzling features about the public’s normative thinking that call out for further empirical examination. (shrink)

Regulating clinical trials for testing new drugs is fraught with risk. Misregulation can slow development of innovative and useful new drugs, but in other ways misregulation can foster trials that are inefficient and unethical, driven by commercial rather than scientific ends, and that can harm patients. In this paper, we argue not for more but for better regulation, based on the goal of rapidly producing innovative and safe products that represent significant advances in medical care. Data on industry-funded, late-stage clinical (...) trials demonstrate an urgent need for dramatic changes in how these trials are designed, conducted, and analyzed. On the one hand, current patent rules can dissuade development of innovative new products with smaller markets and press trial designers to create positive results too rapidly. But at the same time, numerous studies show that when the pharmaceutical industry sponsors clinical trials, the results are systematically biased in favor of the sponsor's product, often to the detriment of patients and the public. The reasons for this bias are both complex and unavoidable, and the ways in which clinical trial design, conduct, and reporting can be inappropriately influenced are so varied and nuanced, that efforts to manage this conflict of interest and prevent harms are inevitably unsuccessful. Instead, we conclude such conflict should be avoided and a strong firewall should exist between drug developers and the final stages of clinical testing in humans. All financial support for phase III clinical trials should pass through a public-private partnership organization — perhaps tied to a broader clinical effectiveness research enterprise — which would be charged with designing, funding, and monitoring late-stage human clinical trials of new pharmaceutical products. (shrink)

Although Kant defends a cosmopolitan ideal, his philosophy is problematically vague regarding how to achieve it, which lends support to the empty formalism charge. How Kant would respond to the crisis in Syria reveals that judgement plays too central a role, because Kantian principles lead to equally reasonable but opposite conclusions on how to weigh the duty of hospitality to refugees against a state’s duty to its own citizens, the right of prevention towards ISIS against the duty not to harm (...) non-combatants, and the responsibility to protect the people of Syria against the duty of non-interference in its internal affairs. (shrink)

This paper explores the notion that business calls for an adversarial ethic, akin to that of sport. On this view, because of their competitive structure, both sport and business call for behaviours that are contrary to ‘ordinary morality’, and yet are ultimately justified because of the goods they facilitate. I develop three objections to this analogy. Firstly, there is an important qualitative difference between harms risked voluntarily and harms risked involuntarily. Secondly, the goods achieved by adversarial relationships in (...) sport go beyond the function of sport, i.e. to entertain audiences. Thirdly, the most plausible account of the athlete’s motivational development starts with their love of the sport, which can explain a commitment to the sporting ethics in a way that is not paralleled in business. I close by drawing attention to the ways in which an Aristotelian conception of business ethics may be able to accommodate these objections. (shrink)

In the first part of this paper, I will sketch the main features of traditional models of evidence, indicating idealizations in such models that I regard as doing more harm than good. I will then proceed to elaborate on an alternative model of evidence that is functionalist, complex, dynamic, and contextual, which I will call DYNAMIC EVIDENTIAL FUNCTIONALISM. I will demonstrate its application to an illuminating example of scientific inquiry, and defend it from some likely objections. In the second part, (...) I will use that alternative to solve a variety of classic and contemporary problems in the literature on scientific evidence having to do with the empirical basis of science and the use of evidence in public policy. (shrink)

Climate change poses a significant danger that requires intervention today; climate denial poses a key challenge to meaningful timely intervention. In this paper, we argue that current free speech jurisprudence in the US inadequately addresses the risk of climate change because it is overly permissive of 'professional' climate denial and underappreciates the need to address the future harm of climate change today. We begin by clarifying the risk posed by the Supreme Court's current approach to speech with respect to climate (...) change and, relatedly, reviewing the philosophical foundations of the marketplace of ideas found in the work of John Stuart Mill. Following this, we examine three potential ways in which Supreme Court jurisprudence could be used to limit what we term 'professional climate change denial' while permitting a degree of 'private' scepticism. Largely setting aside the return to earlier free speech jurisprudence and the extension of libel law, we offer a novel solution to the problem that suggests that 'professional' climate denial could be treated as a categorical exception under free speech jurisprudence and thus afforded a lower level of constitutional protection than other expression. (shrink)

Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration standing (...) that is not available to adults. Despite the fact that these benefits are extremely widespread, the justification for them remains less than fully clear, and the extent of the benefits required by considerations of justice (as opposed to expediency or other policy considerations) is debated. While essentially all states recognize at least some of these rights, a significant number of them wish to reduce, rescind, or place significant conditions on them. The role of the family in immigration policy, then, stands in need of further clarification. In this paper I attempt to provide the needed clarification and justification. I discuss first questions about family unification or formation, focusing in particular on how broad a right must be provided by states wishing to have a just immigration policy, and on whether this right violates norms of liberal neutrality. I then discuss the family in relation to refugee and asylum policy, considering both when family ties should be given weight in refugee protection decision and when harm to a family member should, on its own, be able to be grounds for applying for refugee protection. I turn next to the question of when, and to what extent, family ties should be able to serve as a “shield” to removal or deportation, and finish with a discussion of the special rights of and obligations to children in immigration settings. (shrink)

Are police officers morally justified in issuing unsolicited personal safety advice to women? Such advice often attracts accusations of ‘victim blaming’, although prevention advice remains a common tool used by police to address many crime and safety risks. While some examples of police advice are clearly outrageous, this article considers whether there is a place for ‘sound’ advice, i.e., advice that is proportionate, easy to follow, empirically justified, and objectively likely to reduce harm. To explore this, the article proposes a (...) thought experiment that compares safety advice dealing with threats to women from human sources with safety advice issued in response to natural phenomena, such as flooding. It argues that, despite apparent differences, safety advice addressing risks from humans and natural phenomena are relevantly similar. Consequently, if advice dealing with natural phenomena is morally justified then advice to women about human threats is also morally justifiable. Nevertheless, the article also considers whether the purported prevalence of sexism in policing may make safety advice for women morally problematic. While levels of sexism in policing may vary across time and location, it is argued that safety advice would be morally justified even if sexism was widespread among police officers. Finally, the article considers whether crime prevention advice may backfire by effectively curtailing women’s freedoms. Rather than curtailing freedom, however, it is argued that sound advice may actually enable women to flourish by helping them overcome fear of crime and achieve non-instrumental goals that they have set for themselves. (shrink)

Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...) philosophical positions in response to salient crises. However, both of these instances do bring to the foreground important questions about the proper purpose and extent of refugee protection as a means of dealing with crises of forced migration. In particular, both of these instances force us to consider what role persecution on the basis of a protected ground – race, religion, nationality, membership in a particular social group, or political opinion – ought to play in granting refugee protection, and whether our response to those in danger should change if the agents of persecution are non-state actors. This paper is not primarily about the problems arising from Syria or Central America. In a way similar to how hard cases make bad law, I contend that a too central focus on salient crises tends to lead to bad theory and often to bad general policy. However, if I am successful in my goal of clarifying the place of persecution and non-state action in refugee protection, then we may in turn be better able to think clearly about our current crisis situations. -/- In this paper I will first draw on my previous work on the normative logic of the refugee convention to argue that, while persecution should play an important, and even central, role in our thinking about refugees, this importance is shallow and pragmatic rather than deep and fundamental. Next, I will show how this conclusion supports the claim that harms amounting to persecution by non-state actors may ground an asylum claim, at least in some cases, both when the state is unwilling and when it is unable to protect its members. I consider two cases: first, instances where the authority and power of the state has been usurped by another power, and second, when the state has (implicitly or explicitly) delegated its power or authority to non-state actors. I will show how this leads to extending asylum to a broader range of people than traditional accounts would. -/- (To download this paper, please use the link from SSRN below.). (shrink)

Jaspers identifies empathic understanding as an essential tool for grasping not the mere psychic content of the condition at hand, but the lived experience of the patient. This method then serves as the basis for the phenomenological investigation into the psychiatric condition known as ‘Phenomenological Psychopathology’. In recent years, scholars in the field of phenomenological psychopathology have attempted to refine the concept of empathic understanding for its use in contemporary clinical encounters. Most notably, we have Stanghellini’s contribution of ‘second-order’ empathy (...) and Ratcliffe’s ‘radical empathy’. Through this paper, we reject the pursuit of a renewed version of ‘empathic understanding’, on the grounds that the concept is fundamentally epistemically flawed. We argue that ‘empathic understanding’ risks (1) error, leading to misdiagnosis, mistreatment and an overall misunderstanding of the experience at hand, (2) a unique form of epistemic harm that we call ‘epistemic co-opting’ and (3) epistemic objectification. To conclude, we propose that empathic understanding ought to be replaced with a phenomenological account of Fricker’s virtuous listening. (shrink)

Critics of carbon mitigation often appeal to what Jonathan Glover has called ‘the argument from no difference’: that is, ‘If I don’t do it, someone else will’. Yet even if this justifies continued high emissions by the industrialised countries, it cannot excuse business as usual. The North’s emissions might not harm the victims of climate change in the sense of making them worse off than they would otherwise be. Nevertheless, it receives benefits produced at the latter’s expense, with the result (...) that it has more than it deserves, and that victims will have less. This enrichment is unjust; unjustly enriched agents ought to make compensation. The best form of compensation is vigorous action against climate change. (shrink)

Having positive moral traits is central to one’s sense of self, and people generally are motivated to maintain a positive view of the self in the present. But it remains unclear how people foster a positive, morally good view of the self in the present. We suggest that recollecting and reflecting on moral and immoral actions from the personal past jointly help to construct a morally good view of the current self in complementary ways. More specifically, across four studies we (...) investigated the extent to which people believe they have changed over time after recollecting their own moral or immoral behaviors from the personal past. Our results indicate that recollecting past immoral actions is associated with stronger impressions of dissimilarity and change in the sense of self over time than recollecting past moral actions. These effects held for diverse domains of morality (i.e., honesty/dishonesty, helping/harming, fairness/unfairness, and loyalty/disloyalty), and they remained even after accounting for objective, calendar time. Further supporting a motivational explanation, these effects held when people recollected their own past actions but not when they recollected the actions of other people. (shrink)

This chapter contains sections titled: Natural Purposiveness in the Critique of Judgment Furthering Nature's Purposes: The Stewardship Model The Value of Nature for Humanity Considering Future Generations Beauty as a Symbol of Morality Preserving the Sublime Developing Kantian Virtues Norton's Convergence Hypothesis and Light's Practical Pluralism The Appeal to Common Sense Kant's Place in the Debate over Environmental Policy.

In a world where meat is often a token of comfort, health, hospitality, and abundance, one can be forgiven for raising an eyebrow at the conjunction “meat and evil.” Why pull meat into the orbit of harm, pestilence, ill-will, and privation? From another perspective, the answer is obvious: meat—the flesh of slaughtered animals taken for food—is the remnant of a feeling creature who was recently alive and whose death was premature, violent, and often gratuitous. The truth is that meat has (...) a checkered history in the West. From its origin-story in Abrahamic religion to its industrial production in today’s world, meat is well-marbled with evil and its minions: sin, violence, injustice, destruction, suffering, and death. Beyond keeping company with these obtrusive forms of evil, meat’s success at remaining, nevertheless, in our collective good graces illuminates some of evil’s subtler shades too. We might learn something of insidiousness, self-deception, rationalization, and bad faith by exploring why the ever-strengthening consensus that habitual meat-eating is unhealthful, morally dubious, and environmentally damaging is often still no match for a philosopher’s savor of cheeseburgers. My aim is to consider meat’s fitness for a place in the Western history of evil by reflecting briefly on its outsized roles at the bookends of this narrative: meat’s primeval history in Genesis, and its contribution today to ethical and environmental problems of arguably apocalyptic proportions. (shrink)

This essay will examine the polemic and poetic means through which three Indigenous Australian writers discuss the repercussions and risks associated with nuclear power, waste and weaponry as an existential and material threat to the mythopoeic creation stories, totemic systems and landforms which sustain Indigenous Australian belief. This essay will follow the establishment of a media ecology through which discourses of technological harm in Oodgeroo Noonuccal's “No More Boomerang” lay the foundation for Australian Indigenous anti-nuclear activist poetics and highlights the (...) relationship between language, belief and technology. Oodgeroo's [Kath Walker] “No More Boomerang” will be read as a precursor to the experimental expression of Lionel Fogarty's “Foot Walking and Talking – Atomic Confusion” as well as the procedural methodologies behind Natalie Harkin's “Zero Tolerance.” It will be argued that Indigenous-led representations of nuclear weaponry as an ontologic-existential threat can only be properly critiqued when framed through the constructs of race, nationhood and the history of colonization in Australia. (shrink)

Some philosopher argue that the distinction between killing and letting die lacks moral significance, since the prima facie objections to both arise from a feature which killing and letting die share: Either way, an agent chooses a course of action resulting in someone's dying, when he could have chosen a course of action having the opposite result. I find this claim ambiguous. Does it mean that in either case, if the agent had chosen the alternative course of action, the victim (...) would not have died at all, at least not for some time yet? Or does it mean that if the agent had acted differently, the victim would have died a death numerically distinct from his actual death? ;I argue that killing is prima facie objectionable owing to the causal relation connecting the agent's action to the victim's token death. If an agent kills someone, his action is prima facie objectionable even if another agent would have killed the person moments later anyway. But failing to prevent a token death event is not in itself prima facie objectionable. On the whole, such a failure is prima facie objectionable only if preventing that token death event would have benefited the victim. And on the whole, preventing a token death event benefits the victim only if it prevents there from occurring any event of the type death of that person, at least for some time yet. ;I do not provide a positive rationale for attributing moral significance to the distinction between killing and letting die. Rather, I try to undermine skepticism about the possibility of providing such a rationale by demonstrating that the prima facie objections to killing and letting die cannot be accounted for in the same way. I also discuss the nature of killing and letting die, how both differ from enabling someone's death to occur, and the relationship between the concepts of harm and benefit. (shrink)

The distinction between killing and letting die is too simple. A third category must also be recognized. Like killing, preventing a person from being saved is a species of doing harm; like killing, it infringes one of the victim's negative rights. Yet preventing a person from being saved is morally on a par with letting die, which infringes one of the victim's positive rights. It follows that we cannot explain the moral inequivalence of killing and letting die by saying, as (...) so many have, that negative rights are more stringent than positive rights. A more promising strategy is suggested at the end of the article. (shrink)

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in shared practices (...) that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

This report aims to offer insights into cutting-edge research on digital well-being. Many of these insights come from a 2-day academic-impact event, The Future of Digital Well-Being, hosted by a team of researchers working with the Royal Netherlands Academy of Arts and Sciences (KNAW) in February 2024. Today, achieving and maintaining well-being in the face of online technologies is a multifaceted challenge that we believe requires using theoretical resources of different research disciplines. This report explores diverse perspectives on how digital (...) well-being can be actively cultivated, while also emphasising the importance of considering individual differences, societal contexts, and nuanced cultural factors. We aim to offer a holistic view of the future of digital well-being, one that will inspire the next generation of designers of online tools, as well as policymakers who will regulate these tools. We start by asking what digital well-being is – how we can best define a concept that is used by diverse stakeholders and researchers from many disciplines in various ways. To do this, we explore the classic ethical theories of well-being, showing how they can give us insights into how the term digital well-being is currently deployed. We then move to look at the existing strategies that have been proposed to actively cultivate digital well-being, exploring the business models that threaten digital well-being and the relative advantages of the digital and non-digital solutions that are currently proposed. On the one hand, digital tools – such as Apple’s Screen Time and app blockers such as Opal and Forest – integrate seamlessly with the digital lifestyles of users. They also create precise metrics for digital well-being, which facilitates their solutions to reduce screen time. On the other hand, non-digital solutions, including mindfulness practices, digital detoxes, and digital well-being coaching, offer a new set of tools to reconnect individuals to their natural rhythms and help to actively promote offline activities. We then move to discuss diversity and how various groups of users have strikingly different digital well-being needs. Embracing neurodiversity in digital well-being is crucial as it strongly impacts the users’ experience of online technologies. When designing for diversity, organisations and designers alike need to prioritise customization for people with physical disabilities, mitigate harmful content for users with mental well-being conditions, address gender stereotypes and online harassment, and be designed in ways that recognize the very real risks of online technologies. This report closes by examining cultural differences. We believe that non-Western conceptions of well-being offer rich sources for enhancing digital well-being insofar as these traditions can inform and inspire the designers of future online technologies. We focus on East-Asian and South-Asian traditions, although in further work we recognise it would be useful to investigate conceptions of well-being that are influential in the Gulf region, Africa, and South America. Each of these areas have ethical frameworks that discuss well-being in depth as well as a rich cultural heritage. In conclusion, this report’s insights underscore the imperative of recognizing diversity in digital well-being, both in terms of cultural contexts and disciplinary perspectives. It emphasises the need for culturally responsive design methodologies and the integration of non-Western philosophical perspectives into current digital well-being research. Embracing this diversity, we believe, offers the best chance to create digital environments that prioritise well-being for users and the societies they live in across the world. Ultimately, we believe that it is not only about designing better online products; it’s about shaping a digital landscape that promotes well-being and flourishing for everyone. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Does Judaism Condone Violence? Holiness and Ethics in the Jewish Tradition by Alan L. MittlemanMatthew LeveringDoes Judaism Condone Violence? Holiness and Ethics in the Jewish Tradition by Alan L. Mittleman (Princeton, NJ: Princeton University Press, 2018), v + 227 pp.Alan Mittleman has written a profoundly thought-provoking book. A main question of the book is whether a higher (revealed) law may in some cases require harm to be done (...) to the neighbor—harm that otherwise would be unjust. Mittleman offers some fascinating examples of cases in which Jews have appealed to God's Law in order to justify oppression of Gentiles. He cites a contemporary halakhic text, Torat ha-Melekh (The King's Torah), as particularly egregious. While Torat ha-Melekh was widely condemned by rabbis and the general public in Israel, it had an audience among the ultra-Orthodox. According to the Torat ha-Melekh, Gentiles' souls are not intrinsically holy in the way that Jews' souls are. This means that killing Gentile children in wartime may be acceptable due to the threat that otherwise these children may grow up to kill Jews. The Torat ha-Melekh observes that many Gentiles do not practice and obey the seven Noachide commandments. Since this is so, the Gentiles who do not obey the Noachide commandments live "in an inhuman state, where the brutish nature of their souls has free rein and their lives have lost value" (186).Another example given by Mittleman is the status of the Holy Land and the Holy People. Insofar as the holiness of the land and people is thought to be intrinsic—an inseparable property—problems can arise. According to a midrash in Bereshit Rabbah, the land is so intrinsically holy that only the dead who are buried in the land—or whose dead bodies somehow travel to the land—will rise from the dead and enjoy everlasting resurrected life. Likewise, the land's air is presented as uniquely making its inhabitants wise, and the divine presence or shekinah comes only in the land. For the medieval Jewish philosopher Yehuda Halevi, in his Kuzari: The Book of Refutation and Proof on Behalf of the Most Despised Religion (ca. 1140), the land of Israel is the most temperate climate and the most conducive to producing the ideal human beings. In addition, Halevi thinks that only certain descendants of Adam are "true Adamites" (66). A true Adamite is a son of God, just as Adam was. Specifically, only Seth and some of his descendants are fully human in accord with the Adamic model. It is only in the family of Jacob that "God's influence [finally] becomes the property of an entire people" (67). The true Adamites are Adam's (and Jacob's) seed; other humans are comparatively speaking mere husks. Although people can convert to Judaism, therefore, converts cannot be equal to those born of the Jewish nation. This does not mean that all who descend from Jacob are holy, since [End Page 745] it is possible for a Jew to distort his or her purity of soul. Nevertheless, for Halevi the Jewish people are a holy seed that is intrinsically superior to all other humans, so that it is possible to say that "Israel is an angelomorphic, even theomorphic race" (69).Moses Maimonides responded to Halevi, rejecting his viewpoint completely—on the grounds that holiness is not an intrinsic or biological (let alone racial) property. Yet, Halevi's viewpoint influenced Jewish Kabbalah in a major way. For the Kabbalist text the Zohar, the people of Israel derive from the emanations of the divine, whereas all other nations derive from the impure powers. The Zohar holds, "The other nations count for nothing in God's sight. They are the products of Eve's illicit union with the serpent," rather than coming forth from the theomorphic being who was Adam (70). Similarly, Moses de Leon—thought to be an author of the Zohar—argues that Gentiles ontologically possess impure souls that will carry them to spiritual damnation and will ensure that they have no participation in the resurrection of the dead. Another Kabbalist, Joseph of Hamadan, makes the same point that Gentiles... (shrink)

The legalization of cannabis in Canada instantiates principles of harm-reduction and safe supply. However, in-depth understanding of values at stake and attitudes toward legalization were not part of extensive democratic deliberation. Through a qualitative exploratory study, we undertook 48 semi-structured interviews with three Canadian stakeholder groups to explore opinions and values with respect to the legalization of cannabis: (1) members of the general public, (2) people with lived experience of addiction and (3) clinicians with experience treating patients with addiction. Across (...) all groups, participants tended to be in favor of legalization, but particular opinions rested on their viewpoint as stakeholders. Clinicians considered the way legalization would affect an individual’s health and its potential for increasing rates of addiction on a larger scale. People with lived experience of addiction cited personal autonomy more than other groups and stressed the need to have access to quality information to make truly informed decisions. Alternatively, members of the public considered legalization positive or negative in light of whether one’s addiction affected others. We elaborate on and discuss how scientific evidence about drug use impact values relates and how can different arguments play in democratic debates about legalization. (shrink)

The chapter offers a philosophical account of the capacity to recognise moral considerations to be used in investigating whether psychopaths are amoral, as opposed to immoral. The author criticizes Simon Baron-Cohen and James Blair et al., who maintain that psychopaths are amoral insofar they lack empathy, for endorsing a sentimentalist account of moral understanding. Moreover, the author criticizes Kant's version of rationalism for assuming an impersonal notion of moral rationality that is unconstrained by specific human features. He offers, instead, an (...) account of moral rationality in the spirit of Philippa Foot's Aristotelian inspired proposal. According to this view, moral rationality is a type of rationality that depends on the capacities for empathy, developing feelings of benevolence and resistance to causing harm. Although some psychopaths are irrational in other ways, the author suggest that central to psychopathy is a failure of moral rationality. (shrink)

This paper proposes a novel use of tax policy to address one of the most pressing issues arising from economic globalization and international migration, that of “brain drain” – in particular, the migration of certain skilled and highly trained or educated professionals from less and least developed countries to wealthy “western” countries. This problem is perhaps most pressing in relation to doctors, nurses, and other medical professionals, but exists also for teachers, lawyers, economists, engineers, and other highly skilled or trained (...) professionals. While there have been other proposals in the past to use tax policy to address brain drain (most famously versions of the so-called “Bhagwati Tax”, a form of exit tax), in this paper I provide an account of and justification for using tax credits, modeled loosely on the foreign tax credits U.S. citizens receive in certain situations for taxes paid in other countries. My proposal avoids several of the pitfalls of other methods of using tax policy to ameliorate the harms of brain drain, as it does not subject people from the developing world to potentially onerous double taxation, and does not depend on sophisticated tax collection capabilities within developing countries, capabilities which are often lacking. Additionally, my proposal also leads to fewer morally problematic restrictions on the liberty of citizens of less and least developed countries than do non-taxed based alternative proposals, such as temporary bans on migration. While the proposal cannot hope to completely solve the problems that arise in relation to brain drain – no approach can do this – it does provide a straightforward way to ameliorate the problems that arise from it without placing significant financial or liberty burdens on already less advantaged people from the developing world. -/- (This paper may be downloaded for free from the link to my SSRN page below). (shrink)

Social media has revolutionized the way information is distributed throughout society, as folks continue to rely entirely on these apps for information on current events, health protocols, and socio-political discussions. However, these containers of knowledge do not appear in the same shape for every user; Algorithms, informed by capitalist agendas, determine what information sifts through its networks and to whom. Data scientists, researchers, and activists have dissected the hidden mechanics fueling these popular platforms, inciting critical conversations around the harmful biases (...) embedded in algorithms. These studies often skim the surface of how these algorithms digitally marginalize people of color, if acknowledging it at all. Even fewer have attempted to examine the role these algorithms play in the social activism and digital community organizing happening amongst communities of color via social media. Referring to indigenous scholar Marisa Elena Duarte’s book Network Sovereignty as a framework of thought, this paper roots itself in the notion that technology is an extension of the agenda utilizing it. Through dissecting the algorithmic structures of popular social platforms among communities of color, this paper examines how social media distributes information within its networks and how its encoded biases silence Black, brown, and indigenous voices. This paper also provides insight into how BIPOC content-creators, when informed on how the algorithms work, can use these platforms to their advantage and effectively facilitate socio-political discourse online; Changing the narrative of social networks from being yet another landscape of white supremacy to instead a communal canvas for radical change. (shrink)

Robert Nisbet's influential "Many Tocquevilles" is shown to be lacking in evidence for its contentions about Tocqueville's reputation from 1870 to 1940 and about American intellectuals' interpretations of his works after 1940. The uncritical reception accorded to "Many Tocquevilles" led to distortions of Tocqueville's thought and an erasure of an important part of the historical record, resulting in significant harm to the field. Nisbet made his unsupported assertions to bolster conservative political positions. Tocqueville was widely read between 1870 and 1940. (...) No evidence exists for Nisbet's claims about interpretations of Tocqueville's works supposedly made by subsequent American commentators. (shrink)

The evolution of sex in eukaryotes represents a paradox, given the “twofold” fitness cost it incurs. We hypothesize that the mutational dynamics of the mitochondrial genome would have favored the evolution of sexual reproduction. Mitochondrial DNA (mtDNA) exhibits a high‐mutation rate across most eukaryote taxa, and several lines of evidence suggest that this high rate is an ancestral character. This seems inexplicable given that mtDNA‐encoded genes underlie the expression of life's most salient functions, including energy conversion. We propose that negative (...) metabolic effects linked to mitochondrial mutation accumulation would have invoked selection for sexual recombination between divergent host nuclear genomes in early eukaryote lineages. This would provide a mechanism by which recombinant host genotypes could be rapidly shuffled and screened for the presence of compensatory modifiers that offset mtDNA‐induced harm. Under this hypothesis, recombination provides the genetic variation necessary for compensatory nuclear coadaptation to keep pace with mitochondrial mutation accumulation. (shrink)

As we write, U.S. cities and states with extensive community transmission of Covid‐19 are in harm's way—not only because of the disease itself but also because of prior and current failures to act. During the 2009 influenza pandemic, public health agencies and hospitals developed but never adequately implemented preparedness plans. Focused on efficiency in a competitive market, health systems had few incentives to maintain stockpiles of essential medical equipment. Just‐in‐time economic models resulted in storage of only those supplies needed then. (...) At the same time, global purchasing in search of lower prices reduced the number of U.S. suppliers, with hospitals dependent on foreign companies. There is still a possibility that the pandemic will be manageably bad rather than unmanageably catastrophic in this country. Immediate, powerful, and sustained federal action could make the difference. (shrink)