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)

Termination for classical natural deduction is difficult in the presence of commuting/permutative conversions for disjunction. An approach based on reducibility candidates is presented that uses non-strictly positive inductive definitions.It covers second-order universal quantification and also the extension of the logic with fixed points of non-strictly positive operators, which appears to be a new result.Finally, the relation to Parigot’s strictly positive inductive definition of his set of reducibility candidates and to his notion of generalized reducibility candidates is explained.

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)

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 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)

A family heirloom. An endangered species. An ancient piece of pottery. A threatened language. These things differ in myriad ways, but they are tied together by a common thread: they are all examples of things that call out to be saved. The world is brimming with things worth saving, and we have limited time and resources. How do we decide what to save? Why do we make these choices? -/- Philosopher Erich Hatala Matthes explores these questions as they surface (...) in radically diverse contexts--from museums to TikTok, and from National Parks to the corner of your attic. Matthes illustrates the deep relationship between the things we might save and our sense of self. If our cares and concerns are a fundamental part of our identity, then what we care for and preserve will play a significant role in shaping and maintaining our understanding of who we are. In a world in which everything that we care about is subject to powerful forces of change--from climate disturbance and armed conflict, to social transformation and the wear and tear of time--the terms on which we confront change will be key to whether and how we can save the things we care about in the ways that really matter to us. Will change be foisted upon us? Or is there a role for us to play in rejecting, influencing, or managing change? As he explores these questions, Matthes tackles related themes such as authenticity, agency, and appropriation: Who exactly should be responsible for saving things, and on whose behalf should such efforts be pursued? These are all essential elements to a fuller understanding of what to save and why. (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 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)

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 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)

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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.

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)

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)

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)

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)

This theoretical article investigates the effects of media frames on individuals' judgments. In contrast to previous theorizing, we suggest that framing scholars should embrace both, on-line and memory-based judgment formation processes. Based on that premise, we propose a model that distinguishes between two phases of framing effects. Along the first phase, the media's framing contributes to the formation of an on-line or a memory-based judgment. The second phase describes six hypothetical routes for the stability or the change of these judgments: (...) maintenance, readjustment, crystallization, inoculation, persuasion, and attenuation. At the heart of our model, we try to extract predictors for each of those routes. Finally, the implications of the proposed model for future framing research are discussed. (shrink)

This paper uses social network analysis to examine the interaction between corporate blogs devoted to sustainability issues and the blogosphere, a clustered online network of collaborative actors. By analyzing the structural embeddedness of a prototypical blog in a virtual community, we show the potential of online platforms to document corporate social responsibility (CSR) activities and to engage with an increasingly socially and ecologically aware stakeholder base. The results of this study show that stakeholder involvement via sustainability blogs is a valuable (...) new practice for CSR communications and stakeholder engagement. It also opens new horizons for communicating CSR issues to key constituencies online. (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)

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)

‘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)

This essay discusses Mary Beth Willard's _Why It's OK to Enjoy the Work of Immoral Artists_ and puts it into dialogue with my book _Drawing the Line._ In particular, I focus on the role of aesthetic projects in thinking about artistic immorality, and develop further thoughts on the public/private and individual/social distinctions with respect to our engagement with the arts.

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.

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)

Do members of cultural groups have special claims to own or control the products of the cultures to which they belong? Is there something morally wrong with employing artistic styles that are distinctive of a culture to which you do not belong? What is the relationship between cultural heritage and group identity? Is there a coherent and morally acceptable sense of cultural group membership in the first place? Is there a universal human heritage to which everyone has a claim? Questions (...) such as these concern the ethics of cultural heritage (or heritage ethics, for short). This entry seeks to provide an overview of the philosophical work on topics in heritage ethics, as well as introduce readers to some of the most philosophically relevant literature from other disciplines. (shrink)

This article draws together research from various sub-disciplines of philosophy to offer an overview of recent philosophical work on the ethics of historic preservation. I discuss how philosophers writing about art, culture, and the environment have appealed to historical significance in crafting arguments about the preservation of objects, practices, and places. By demonstrating how it relates to core themes in moral and political philosophy, I argue that historic preservation is essentially concerned with ethical issues.

Based on the Social Media Political Participation Model (SMPPM), this study investigates the relationship between four key motivations behind the use of Social Network Sites (SNS) and political engagement among adolescents. We collected our data in a paper-pencil survey with 15- to 20-year-old adolescents (N=294), a highly underexplored group, which is most active on social media. We theorize that adolescents’ user motivations are related to political engagement via two modes of exposure: The intentional mode, which is related to active information (...) seeking, and the incidental mode, in which adolescents run into politics only by accident. We found that political information and self-expression motivations were positively related to political engagement via the intentional mode. By contrast, entertainment motivations were negatively related to offline, but not to online engagement via the incidental mode. (shrink)

The new concept of lambda calculi with monotone inductive types is introduced byhelp of motivations drawn from Tarski's fixed-point theorem (in preorder theory) andinitial algebras and initial recursive algebras from category theory. They are intendedto serve as formalisms for studying iteration and primitive recursion ongeneral inductively given structures. Special accent is put on the behaviour ofthe rewrite rules motivated by the categorical approach, most notably on thequestion of strong normalization (i.e., the impossibility of an infinitesequence of successive rewrite steps). It (...) is shown that this key propertyhinges on the concrete formulation. The canonical system of monotone inductivetypes, where monotonicity is expressed by a monotonicity witness beinga term expressing monotonicity through its type, enjoys strong normalizationshown by an embedding into the traditional system of non-interleavingpositive inductive types which, however, has to be enriched by the parametricpolymorphism of system F. Restrictions to iteration on monotone inductive typesalready embed into system F alone, hence clearly displaying the differencebetween iteration and primitive recursion with respect to algorithms despitethe fact that, classically, recursion is only a concept derived from iteration. (shrink)

Museums are home to millions of artworks and cultural artifacts, some of which have made their way to these institutions through unjust means. Some argue that these objects should be repatriated (i.e. returned to their country or culture of origin). However, these arguments face a series of philosophical challenges. In particular, repatriation, even if justified, is often portrayed as contrary to the aims and values of museums. However, in this paper, I argue that some of the very considerations museums appeal (...) to in order to oppose repatriation claims can be turned on their heads and marshaled in favor of the practice. In addition to defending against objections to repatriation, this argument yields the surprising conclusion that the redistribution of cultural goods should be much more radical than is typically supposed. (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)

Consider two commonly cited requirements of love. The first is that we should love people for who they are. The second is that loving people should involve concern for their well-being. But what happens when an aspect of someone’s identity conflicts with her well-being? In examining this question, I develop an account of loving someone in spite of something. Although there are cases where loving in spite of is merited, I argue that we generally do wrong to love people in (...) spite of who they are, even where it appears that some aspect of their identity is in tension with their well-being. (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)

In this paper, I argue that norms of artistic and aesthetic authenticity that prioritize material origins foreclose on broader opportunities for aesthetic experience: particularly, for the aesthetic experience of history. I focus on Carolyn Korsmeyer’s recent articles in defense of the aesthetic value of genuineness and argue that her rejection of the aesthetic significance of historical value is mistaken. Rather, I argue that recognizing the aesthetic significance of historical value points the way towards rethinking the dominance of the very norms (...) of authenticity that Korsmeyer endeavors to defend and explain. (shrink)

With the emergence of participative social media, the ways in which stakeholders may interact with companies are changing. Social media and Web 2.0 technologies change gatekeeping mechanisms and the distribution of information. In consequence, organizations must realize that they are structurally embedded in online networks of interconnected and equitable actors. In this paper, we analyze how this change in today’s information and communication technologies may affect Corporate Social Responsibility action. We utilize social network analysis to investigate the CSR blogs of (...) three IT firms: Google, Hewlett-Packard, and Intel. The analysis reveals that their Internet-enabled social networks exhibit patterns of power law distribution and an uneven distribution of structural social capital among the actors involved, especially on the corporate side, which fails to fully engage with the network. We conclude by indicating the research implications of shifting social capital dynamics and by deriving implications for management and practice. (shrink)

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...

In discussion surrounding the destruction of cultural heritage in armed conflict, one often hears two important claims in support of intervention to safeguard heritage. The first is that the protection of people and the protection of heritage are two sides of the same coin. The second is that the cultural heritage of any people is part of the common heritage of all humankind. In this article, I examine both of these claims, and consider the extent to which they align with (...) the current practices that they are intended to justify. (shrink)

Maíra Dos Santos Matthes Da Costa Au cours des dernières décennies, l’approche walzérienne de la guerre juste fit l’objet de vives critiques de la part de l’école révisionniste, qui est devenue l’approche dominante dans le débat universitaire portant sur ce sujet. Sa révision de la philosophie walzérienne de la guerre englobe deux points fondamentaux, à savoir : 1) le refus de comprendre la guerre comme une situation exceptionnelle dans laquelle nos jugements moraux se distingueraient significativement de ceux que l’on (...) formule dans des contextes de paix ; 2) le refus du dualisme moral et de l’indépendance entre des ordres de jugements concernant le jus ad bellum et le jus in bello. Dans cet article, nous allons nous pencher sur ces deux points fondamentaux, pour en conclure qu’ils proposent une conception apolitique de la guerre. (shrink)

Art is saturated with cultural significance. Considering the full spectrum of ways in which art is colored by cultural associations raises a variety of difficult and fascinating philosophical questions. This curriculum guide focuses in particular on questions that arise when we consider art as a form of cultural heritage. Organized into four modules, readings explore core questions about art and ethics, aesthetic value, museum practice, and art practice. They are designed to be suitable for use in an introduction to philosophy (...) of art, as well as in more topically focused courses, particularly on topics concerning the ethics and politics of art. (shrink)

We now have good reason to worry that many coastal cities will be flooded by the end of the century. How should we confront this possibility (or inevitability)? What attitudes should we adopt to impending inundation of such magnitude? In the case of place-loss due to anthropogenic climate change, I argue that there may ultimately be something fitting about letting go, both thinking prospectively, when the likelihood of preservation is bleak, and retrospectively, when we reflect on our inability to prevent (...) destruction. I then explore some of the ethical complications of this response. (shrink)