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Maximilian Kiener
Oxford University
  1.  41
    Artificial Intelligence in Medicine and the Disclosure of Risks.Maximilian Kiener - forthcoming - AI and Society:1-9.
    This paper focuses on the use of ‘black box’ AI in medicine and asks whether the physician needs to disclose to patients that even the best AI comes with the risks of cyberattacks, systematic bias, and a particular type of mismatch between AI’s implicit assumptions and an individual patient’s background situation. Pace current clinical practice, I argue that, under certain circumstances, these risks do need to be disclosed. Otherwise, the physician either vitiates a patient’s informed consent or violates a more (...)
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  2.  13
    Can we Bridge AI’s responsibility gap at Will?Maximilian Kiener - forthcoming - Ethical Theory and Moral Practice:1-19.
    Artificial intelligence increasingly executes tasks that previously only humans could do, such as drive a car, fight in war, or perform a medical operation. However, as the very best AI systems tend to be the least controllable and the least transparent, some scholars argued that humans can no longer be morally responsible for some of the AI-caused outcomes, which would then result in a responsibility gap. In this paper, I assume, for the sake of argument, that at least some of (...)
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  3.  13
    Consent, Threats, and Offers.Maximilian Kiener - 2019 - American Journal of Bioethics 19 (9):66-68.
    Volume 19, Issue 9, September 2019, Page 66-68.
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  4.  17
    Truth-Telling and Respect for Autonomy.Maximilian Kiener - 2018 - American Journal of Bioethics Neuroscience 9 (3):193-194.
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  5.  3
    Consent and Living Organ Donation.Maximilian Kiener - 2021 - Journal of Medical Ethics 47 (12):50-50.
    This paper focuses on voluntary consent in the context of living organ donation. Arguing against three dominant views, I claim that voluntariness must not be equated with willingness, that voluntariness does not require the exercise of relational moral agency, and that, in cases of third-party pressure, voluntariness critically depends on the role of the surgeon and the medical team, and not just on the pressure from other people. I therefore argue that an adequate account of voluntary consent cannot understand voluntariness (...)
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  6.  8
    Consenting Under Third-Party Coercion.Maximilian Kiener - 2021 - Journal of Moral Philosophy 19 (4):361-389.
    This paper focuses on consent and third-party coercion, viz. cases in which a person consents to another person performing a certain act because a third party coerced her into doing so. I argue that, in these cases, the validity of consent depends on the behavior of the recipient of consent rather than the third party’s coercion taken separately, and I will specify the conditions under which consent is invalid. My view, which is a novel version of what I call a (...)
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  7.  17
    When do nudges undermine voluntary consent?Maximilian Kiener - 2021 - Philosophical Studies 178 (12):4201-4226.
    The permissibility of nudging in public policy is often assessed in terms of the conditions of transparency, rationality, and easy resistibility. This debate has produced important resources for any ethical inquiry into nudging, but it has also failed to focus sufficiently on a different yet very important question, namely: when do nudges undermine a patient’s voluntary consent to a medical procedure? In this paper, I take on this further question and, more precisely, I ask to which extent the three conditions (...)
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  8.  22
    Moral and Non-Moral Testimony { Revisiting an Alleged Asymmetry.Maximilian Kiener - 2017 - Kriterion - Journal of Philosophy 31 (1):25-44.
    In this essay, I oppose the ‘Asymmetry Thesis’ according to which moral matters are simply different in kind from non-moral matters when it comes to testimony because moral matters require understanding in a way in which non-moral matters do not. I argue that the requirement of understanding is not unique to morality and also deny that there is a genuine requirement of understanding after all. Instead, cases of moral and non-moral testimony are often troubling for the same reason, namely the (...)
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  9.  7
    Conventions and The Normativity of Law.Maximilian Kiener - 2018 - Archiv Fuer Rechts Und Sozialphilosphie 104 (2):220-231.
    This essay criticises the attempt to explain the so-called normativity of law with reference to a model of coordination conventions. After specifying the explanandum of the normativity of law, I lay out the conceptions of ‘coordination’ and ‘convention’ and how the combination of both sets out to contribute to legal philosophy. I then present two arguments against such an account. Firstly, along a reductio ad absurdum, I claim that if an account of coordination conventions tries to explain the normativity of (...)
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  10.  5
    Unpacking Normativity. Conceptual, Normative, and Descriptive Issues: Edited by K. Himma, M. Jovanovic, B. Spaic, Oxford, Bloomsbury, 2018, 272pp, £76, ISBN: 9781509916252.Maximilian Kiener - 2021 - Jurisprudence 12 (1):109-116.
    The anthology Unpacking Normativity, edited by Kenneth Einar Himma, Miodrag Jovanović, and Bojan Spaić, follows the international conference ‘Legal Normativity and Language’ which took place at the...
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  11.  3
    Duress as a Defence in a Case of Murder.Maximilian Kiener - 2017 - Philosophical Journal of Conflict and Violence 1 (2).
    This essay defends duress as a complete defence in specific cases of murder through discussing the case of Erdemovic, who was convicted by the International Tribunal for the Former Yugoslavia (ICTY) after he killed innocent people to save his own life. To begin with, I will present two objections to the Court’s judgment. Firstly, the Court cannot achieve its objective of deterrence without violating a fundamental legal principle. Secondly, the judgment itself permits that criminals sometimes remove the protecting shield of (...)
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