Making decisions for incapacitated patients has been a perennial problem in bioethics. Surrogate decision-makers are sometimes expected to use substituted judgment to make such decisions. Applying...

Do all clinical research publications show strong application of ethics principles and respect for biomedical law? We examined, for the year 2009, the ethics requirements displayed on the website of 30 leading medical journals with an impact factor (IF) >10, and 30 others with an IF <10. We carried out a short study looking at the relationship between the IF of a journal and the ethics requirements in its instructions to authors. We show that the IF of (...) a biomedical journal bears a direct relationship to its ethics requirements. Such results should improve the ethics requirements of all biomedical journals, especially those with low IF, so that they are internationally standardised to the higher standard required by journals with higher IF. (shrink)

Despite its long tradition in social psychology, we consider that Cognitive Dissonance Theory presents serious flaws concerning its methodology which question the relevance of the theory, limit breakthroughs, and hinder the evaluation of its core hypotheses. In our opinion, these issues are mainly due to operational and methodological weaknesses that have not been sufficiently addressed since the beginnings of the theory. We start by reviewing the ambiguities concerning the definition and conceptualization of the term cognitive dissonance. We then review the (...) ways it has been operationalized and we present the shortcomings of the actual paradigms. To acquire a better understanding of the theory, we advocate a stronger focus on the nature and consequences of the cognitive dissonance state itself. Next, we emphasize the actual lack of standardization, both in the ways to induce cognitive dissonance and to assess it, which impairs the comparability of the results. Last, in addition to reviewing these limits, we suggest new ways to improve the methodology and we conclude on the importance for the field of psychology to take advantage of these important challenges to go forwards. (shrink)

Personal autonomy presupposes the notion of rationality. What is not so clear is whether, and how, a compromise of rationality to various degrees will diminish a person's autonomy. In bioethical literature, three major types of threat to the rationality of a patient's medical decision are identified: insufficient information, irrational beliefs/desires, and influence of different framing effects. To overcome the first problem, it is suggested that patients be provided with information about their diseases and treatment choices according to the objective standard. (...) I shall explain how this should be finessed. Regarding the negative impact of irrational beliefs/desires, some philosophers have argued that holding irrational beliefs can still be an expression of autonomy. I reject this argument because the degree of autonomy of a decision depends on the degree of rationality of the beliefs or desires on which the decision is based. Hence, to promote patient autonomy, we need to eliminate irrational beliefs by the provision of evidence and good arguments. Finally, I argue that the way to smooth out the framing effects is to present the same information in different perspectives: it is too often assumed that medical information can always be given in a complete and unadorned manner. This article concludes with a cautionary note that the protection of patient autonomy requires much more time and effort than the current practice usually allows. (shrink)

The purpose of this article is to show that animal rights are not necessarily at odds with the use of animals for research. If animals hold basic moral rights similar to those of humans, then we should consequently extend the ethical requirements guiding research with humans to research with animals. The article spells out how this can be done in practice by applying the seven requirements for ethical research with humans proposed by Ezekiel Emanuel, David Wendler and Christine (...) Grady to animal research. These requirements are i) social value, ii) scientific validity, iii) independent review, iv) fair subject selection, v) favorable risk-benefit ratio, vi) informed consent, and vii) respect for research subjects. In practice, this means that we must reform the practice of animal research to make it more similar to research with humans, rather than completely abolish the former. Indeed, if we banned animal research altogether, then we would also deprive animals of its potential benefits – which would be ethically problematic. (shrink)

When new drugs are approved by the Food and Drug Administration, the default assumption is that they will be available by prescription only, safe for use exclusively under clinical supervision. The paternalism underlying this default must be interrogated in order to ensure appropriate respect for patient autonomy. Upon closer inspection, prescription requirements are justified when nonprescription status would risk harm to third parties and when a large segment of the population would struggle to exercise their autonomy in using (...) a drug safely and effectively on their own. Although these justifications can support prescription status for many drugs, we propose that reversing the FDA's current default to instead begin with a presumption in favor of over‐the‐counter status is the best way to avoid interference with valid claims of patient autonomy. Under this approach, a range of drug products could be considered for an OTC switch, including oral contraceptives, statins, and HIV‐prevention drugs. (shrink)

The use of medical records in research can yield information that is difficult to obtain by other means. When such records are released to investigators in identifiable form, however, substantial privacy and confidentiality risks may be created. These risks become more common and more serious as medical records move to an electronic format. In 1996, the state of Minnesota enacted legislation with respect to consent requirements for the use of medical records in research. This legislation has been widely (...) criticized because—it is claimed—it creates an unnecessary impediment to research. In this article, we show that these arguments rest upon misinterpretation and/or misrepresentation of the 1996 legislation. A consent requirement had actually been present in Minnesota since 1976 (though codified in a patient rights statute rather than a privacy statute). The 1996 law does not require specific consent, as often claimed, but rather only a general authorization. The campaign against the Minnesota legislation appears to have been motivated by concern with respect to the then impending federal privacy rule. The HIPAA rule, as enacted, is in fact less stringent with respect to consent than the Minnesota consent law. On the other hand, the Minnesota consent law has not been effectively applied or enforced. As we change the way we manage sensitive medical information, new efforts are needed to provide protection against the confidentiality risks in research. Patient consent is an important tool in this regard. New instrumentalities are needed to solicit and document consent. (shrink)

In this essay, I argue that prescription drug laws violate patients' rights to self-medication. Patients have rights to self-medication for the same reasons they have rights to refuse medical treatment according to the doctrine of informed consent (DIC). Since we should accept the DIC, we ought to reject paternalistic prohibitions of prescription drugs and respect the right of self-medication. In section 1, I frame the puzzle of self-medication; why don't the same considerations that tell in favour of informed consent (...) also justify a right of self-medication? In section 2, I show that the prescription drug system was historically motivated by paternalism. In section 3, I outline the justifications for the DIC in more detail. I show that consequentialist, epistemic, and deontic considerations justify the DIC. In sections 4–6, I argue that these considerations also justify rights of self-medication. I then propose that rights of self-medication require non-prohibitive prescription policies in section 7. I consider two objections in sections 8 and 9: that patients ought not to make medically risky or deadly decisions, and that unrestricted access to prescription-grade pharmaceuticals would result in widespread misuse and abuse. Section 10 concludes. (shrink)

According to the standard formulation, natural selection requires variation, differential fitness, and heritability. I argue that this formulation is inadequate because it fails to distinguish natural selection from artificial selection, intelligent design, forward-looking orthogenetic selection, and adaptation via the selection of nonrandom variation. I suggest adding a _no teleology_ condition. The no teleology condition says that the evolutionary process is not guided toward an endpoint represented in the mind of an agent, variation is produced randomly with respect to adaptation, (...) and selection pressures are not forward looking. (shrink)

After a crisis, broad and sweeping reforms are enacted to restore trust. Following the 2007-2008 Great Financial Crisis, the European Union has engaged in an ambitious overhaul of banking regulation. One of its centerpieces, the 2013 Fourth Capital Requirements Directive, tackles, amongst other things, the perceived pre-crisis failings in the governance of banks. We focus on the provisions that are aimed at reshaping bank boards’ composition, functioning, and their members’ liabilities, and argue that they are unlikely to improve bank (...) boards’ effectiveness or prevent excessive risk-taking. We criticize some of them for mandating solutions, like board diversity and the separation of chairman and CEO, that may be good for some banks but are bad for others, in the absence of any convincing argument that their overall effect is positive. We also criticize enhanced board liability by showing that it may increase the risk of herd behavior and lead to more serious harm in the event of managerial mistakes. We also highlight that the push towards unfriendly boards will negatively affect board dynamics and make boards as dysfunctional as when the CEO dominates them. We further argue that limits on directorships and diversity requirements will worsen the shortage of bank directors, while requirements for induction and training and board evaluation exercises will more likely lead to tick-the-box exercises than under the current situation in which they are just best practices. We conclude that European policymakers and supervisors should avoid using a heavy hand, respectively, when issuing rules implementing CRD IV provisions with regard to bank boards and when enforcing them. (shrink)

Many defences of multiculturalist educational initiatives conjoin a‘liberal’ or ‘radical’ moral/political view—that education should endeavour to treat students with respect, and that respecting non-dominant,‘marginalised’ students requires protecting them from the hegemonic domination of the dominant culture—with what appears to be an equally radical epistemological view, according to which respecting minority students and cultures requires respecting their culturally specific epistemologies, which in turn requires refraining from imposing upon them a dominating hegemonic epistemology concerning the nature of truth, rational justification, and (...) so on. In this paper I argue (1) that this‘radical’ epistemological position is fatally flawed; and (2) that, if true, it would undermine, rather than undergird, the favoured moral l political view. I argue, that is, that proponents of‘radical’ pedagogy would do better to reject the associated‘radical’ epistemological view in favour of a more traditional,‘conservative’ one. (shrink)

The notion of “respect for persons” is a one often closely tied to the religious edict that “we ought to love one another.” It thus appears to give rise to a command that we are obliged to nurture some kind of positive regard toward others.Taking on a slightly different hue, Kant’s notion of “respect for persons” requires that we recognize universalizing agents as autonomous, and, hence, even if fanatical (Hare), we have no grounds to condemn.In this paper, both (...) of these views will be challenged. It will be argued that we do not owe persons respect in the sense of positive regard, nor are we ethically required to give wide birth to “rational” choices. It will be argued, rather, that, although we do owe “respect to persons,” we owe respect in the sense of being prepared to hold persons “communicativelyaccountable”— of being prepared to engage in hard-nosed intersubjective communicative-interaction (Habermas) about the sort of values/ideals that ought to guide all reasonable people. Since such interaction necessitates the interchange of both positive AND negative judgements, it follows that “respect for persons” requires neither that we love them, nor that we leave them alone, but rather that we engage. (shrink)

Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their conduct at the (...) time of the offense, and even if they are acting involuntarily. I provide examples from Canadian, US and German law to flesh out our legal practices with respect to intoxicated offenders. I then argue that, at least with respect to one class of intoxicated offenders–those known as ‘grand schemers’, who plan their criminal offending prior to rendering themselves incapable of voluntary control over their conduct–we are morally justified in imposing liability. I then propose an alternative to both the act and control requirements: what I call the ‘agency requirement’. I argue that our law does and should impose liability for conduct that is expressive of or constitutive of the defendant’s practically rational agency. Adopting an agency view allows us to expand our focus from just the moment of the offense to temporally extended instances of agency, such as is involved in planned offending by grand schemers. (shrink)

ABSTRACTThis paper restates some of the principal arguments against an automatic preference for the young as advocated by Kappel and Sandøe, arguments many of which have been extant for over a decade but which Kappel and Sandøe largely ignore. It then goes on to demonstrate that Kappel and Sandøe's “indifference test” fails to do the work required of it because it can be met by unacceptable conceptions of justice. The paper develops a number of new arguments against what I have (...) called “ageist” preferences for the young or for those with long life expectancy. Finally I show that Kappel and Sandøe must believe that murdering older people is less morally wrong than murdering the young and that people relying on arguments such as theirs will have to accept the moral respectability of killing the innocent in order to maximise units of lifetime. (shrink)

I argue that the dual-process account of human learning rejected by Mitchell et al. in the target article is informative and predictive with respect to human behaviour in a way that the authors' purely propositional account is not. Experiments that reveal different patterns of results under conditions that favour either associative or rule-based performance are the way forward.

Transparency is now a fundamental principle for data processing under the General Data Protection Regulation. We explore what this requirement entails for artificial intelligence and automated decision-making systems. We address the topic of transparency in artificial intelligence by integrating legal, social, and ethical aspects. We first investigate the ratio legis of the transparency requirement in the General Data Protection Regulation and its ethical underpinnings, showing its focus on the provision of information and explanation. We then discuss the pitfalls with (...) class='Hi'>respect to this requirement by focusing on the significance of contextual and performative factors in the implementation of transparency. We show that human–computer interaction and human-robot interaction literature do not provide clear results with respect to the benefits of transparency for users of artificial intelligence technologies due to the impact of a wide range of contextual factors, including performative aspects. We conclude by integrating the information- and explanation-based approach to transparency with the critical contextual approach, proposing that transparency as required by the General Data Protection Regulation in itself may be insufficient to achieve the positive goals associated with transparency. Instead, we propose to understand transparency relationally, where information provision is conceptualized as communication between technology providers and users, and where assessments of trustworthiness based on contextual factors mediate the value of transparency communications. This relational concept of transparency points to future research directions for the study of transparency in artificial intelligence systems and should be taken into account in policymaking. (shrink)

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to (...) file one’s whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate. (shrink)

In this introductory study I discuss the notion of alternative possibilities and its relation to contemporary debates on free will and moral responsibility. I focus on two issues: whether Frankfurt-style cases refute the principle of alternative possibilities, and whether alternative possibilities are relevant to grounding free will and moral responsibility. With respect to the first issue, I consider three objections to Frankfurt-syle cases: the flicker strategy, the dilemma defense, and the objection from new dispositionalism. With respect to the (...) second issue, I consider the debate between Alternative Possibilities views and Actual Sequence views, as framed by Carolina Sartorio in her Causation and Free Will. I then explain how these two issues are relevant to the papers included in this volume. (shrink)

I argue in this paper that the process of compromising needs to be deliberative if a fair compromise is the goal. More specifically, I argue that deliberation is structurally necessary in order to achieve a fair compromise. In developing this argument, this paper seeks to overcome a problematic dichotomy that is prevalent in the literature on deliberative democracy, which is the dichotomy between compromise and deliberation. This dichotomy entails the view that the process preceding the achievement of a compromise is (...) essentially a process of negotiating or bargaining, which, I claim, should not be the case if a fair compromise is the goal. The reason for this claim is, in a nutshell, that negotiation or bargaining processes do not provide for an in-depth understanding of the reasons that each party has for holding their respective position. However, an in-depth understanding of each other’s reasons, is, as I will show, a necessary condition for achieving a fair compromise. In contrast to negotiation or bargaining, the deliberative process, by its very structure, provides for mutual understanding and is therefore a necessary condition for achieving a fair compromise. (shrink)

Constitutivists explicitly emphasize the importance of self-reflection for rational agency. Interestingly enough, there is no clear account of how and why self-reflection plays such an important role for these views. My aim in this paper is to address this underappreciated problem for constitutivist views and to determine whether constitutivist self-reflection is normatively oriented. Understanding its normative features will allow us to evaluate a potential way that constitutivism may meet its purported metaethical promise. I begin by showing why constitutivism, as exemplified (...) by Korsgaard’s and Velleman’s respective views, takes self-reflection to be a constitutive feature of rational agency. Closer examination of this claim suggests three underappreciated problems for the constitutivist’s apparent reliance on self-reflection. First, we have no picture of the specific role that self-reflection plays. Second, it is unclear in what sense it is a requirement for full-fledged agency and, thereby, for self-constitution. Third, it is not clear whether it has any necessary normative features, even given the often cited moral normativity associated with constitutivism. In §1, I will address the first and second questions. §2 will be dedicated to considering the third question. (shrink)

Patients need to be given the relevant information to be able to give informed consent, which might require the disclosure of a provisional diagnosis. Yet, there is no duty to give information to a patient if that patient is aware that this information exists but chooses not to request it. Diagnostic radiographers and healthcare scientists are often responsible for ensuring that patients have given informed consent for the investigations they undertake, but which were requested by other clinicians. Here we examine (...) if they have a duty to disclose a patient’s provisional diagnosis made by a referring clinician if the patient asks for this information as part of the informed consent process to a diagnostic investigation. We first consider aspects of UK law, professional guidance and salient ethical principles, emphasising that while professional codes of practice highlight the need to act in the patient’s best interest, they do not require giving patients information they do not require for the examination or have not requested. We then propose that diagnostic radiographers and healthcare scientists placed in such a position use a ‘minimally necessary disclosure’ framework. This framework fulfils their commitment to their patient and the principle of veracity, while respecting the boundaries of their professional duties. The framework ensures that enough detail is given to the patient for them to be able to give informed consent, while shouldering the diagnostic professional from making a full disclosure, which is the duty of the referring clinician. (shrink)

Stakeholder consultation is part of the democratic process, embraces respect for persons, and is necessary for upholding the principle of justice. People are more likely to uphold standards they have participated in setting, so stakeholder consultation encourages adherence to societal and institutional standards as these evolve. Stakeholder consultation is also responsive to the call to “resocialize” ethics by contextualizing dilemmas and involving the destitute in choices about their healthcare. In resource-poor settings, such consultation promotes local “ownership” of, and leadership (...) within, development programs, which enhances effectiveness and sustainability. Stakeholder consultation is, therefore, a form of capacity building. To succeed, it must be responsive to regional, national, and individual constraints, including socioeconomic, cultural, and political ones. Several such constraints impact on the demand for, and availability of, palliative healthcare in the Caribbean. (shrink)

The question of the moral demands that humans, posthumans, and nonhumans in the Anthropocene put up on persons now living generally takes the form of supererogatory demands—that is, moral obligations with a perfectionist structure leading to obligations “above and beyond the call of duty” and extreme individual and collective sacrifice. David Roden construes this by deontology; Toby Ord, following Derek Parfit, by consequentualism. Such obligations are akin to the martyrdom of saints: but must our expectations of the Anthropocene necessarily lead (...) to this kind of moral obligation? Can it be mitigated and how? Meta-ethically, it is a highly externalist form of motivation with no concurrent rewards. In this respect, the inquiry is to be pursued through understanding how to align horizons of experience and of expectation. Normatively, it very much concerns how we define and regard persons—present and future, human and non-human, organic or artificial, conscious or not, intelligent or otherwise—since personhood and moral obligation are deeply connected concepts. In my conference paper I want to open and provoke discussion of the current and possible views of the supererogatory moral obligations in and toward the Anthropocene. (shrink)

Background Ethics committees typically apply the common principles of autonomy, nonmaleficence, beneficence and justice to research proposals but with variable weighting and interpretation. This paper reports a comparison of ethical requirements in an international cross-cultural study and discusses their implications. Discussion The study was run concurrently in New Zealand, UK, Israel, Canada and USA and involved testing hypotheses about believability of testimonies regarding alleged child sexual abuse. Ethics committee requirements to conduct this study ranged from nil in Israel (...) to considerable amendments designed to minimise participant harm in New Zealand. Assessment of minimal risk is a complex and unreliable estimation further compounded by insufficient information on probabilities of particular individuals suffering harm. Estimating potential benefits/ risks ratio and protecting participants' autonomy similarly are not straightforward exercises. Summary Safeguarding moral/humane principles should be balanced with promotion of ethical research which does not impede research posing minimal risk to participants. In ensuring that ethical standards are met and research has scientific merit, ethics committees have obligations to participants (to meet their rights and protect them from harm); to society (to ensure good quality research is conducted); and to researchers (to treat their proposals with just consideration and respect). To facilitate meeting all these obligations, the preferable focus should be promotion of ethical research, rather than the prevention of unethical research, which inevitably results in the impediment of researchers from doing their work. How the ethical principles should be applied and balanced requires further consideration. (shrink)

We propose a step‐by‐step methodological framework of translational bioethics that aims at changing medical practice according to normative–ethical requirements, which we will thus call “transformative medical ethics.” The framework becomes especially important when there is a gap between widely acknowledged, ethically justified normative claims and their realization in the practice of biomedicine and technology (ought–is gap). Building on prior work on translational bioethics, the framework maps a process with six different phases and 12 distinct translational steps. The steps involve (...) various research activities including conceptual philosophical inquiry and (socio‐)empirical research. On the one hand, the framework can be used as a heuristic tool to identify barriers to the transformation process. On the other hand, it can provide guidance for researchers and practitioners to develop appropriate (conceptual action and practice) models, which are then implemented and evaluated in specific practice contexts. We use the example of realizing the norm of respect for autonomy in the practice of medical decision‐making to illustrate the framework. Further research is required, for example, to theoretically underpin the framework, to apply it to other ought–is gaps, and to evaluate its feasibility and effectiveness in various practice areas. Overall, the framework of transformative medical ethics suggests a strategic process to investigate and promote practice change that is ethically informed in all phases. (shrink)

Both Marilyn Adams and Eleonore Stump have endorsed requirements on theodicy which, if true, imply that we can never suffer all-things-considered harms. William Hasker has offered a series of arguments intended to show that this implication is unacceptable. This chapter evaluates Hasker’s arguments and finds them lacking. However, it also argues that Hasker’s arguments can be modified or expanded in ways that make them very powerful. The chapter closes by considering why God might not meet the requirements endorsed (...) by Stump and Adams and shows how they can modify their requirements to avoid the untenable implications about harm while still respecting the concerns that motivated their requirements in the first place. (shrink)

This chapter explores the foundation and content of the duty to respect persons. The authors argue that it is best understood as a duty to recognize people’s rights. Respect for persons therefore has specific implications for how competent and non-competent persons ought to be treated in research. For competent persons it underlies the obligation to obtain consent to many research procedures. The chapter gives an analysis of the requirements for obtaining valid consent. It then considers respect (...) for persons as it relates to four common topics: the therapeutic misconception, research with children and adolescents, the use of deception in research, and research on competent adults without their consent. (shrink)

Florida is currently collecting data on the “costs of uncompensated care for aliens who are not lawfully present in the U.S.” (Statutes of Florida, 2023). The Florida data collection law, enacted in 2023, is part of aggressive anti-immigrant legislation. Hospitals accepting Medicaid must inquire about patients’ immigration status and submit de-identified reports. In August 2024, the Governor of Texas signed an Executive Order comparable to the Florida statute. Although presented as a data-collection measure, the legal requirements have far-reaching consequences. (...) The potential adverse impacts on immigrants’ health pose bioethical concerns. Immigration-related inquiries create barriers to healthcare access and advance care planning, exacerbating healthcare disparities and presenting ethical concerns. This article examines the effects on immigrants and the resulting ethical challenges, including respect for persons, beneficence, non-maleficence, and justice. The article proposes recommendations for mitigating these challenges, including community outreach, patient education, policy development, in-service education, and advocacy. While the legal requirements apply specifically to Florida and Texas, the ethical issues have nationwide relevance. (shrink)

An implicit ambiguity in the field of prediction-based decision-making concerns the relation between the concepts of prediction and decision. Much of the literature in the field tends to blur the boundaries between the two concepts and often simply refers to ‘fair prediction’. In this paper, we point out that a differentiation of these concepts is helpful when trying to implement algorithmic fairness. Even if fairness properties are related to the features of the used prediction model, what is more properly called (...) ‘fair’ or ‘unfair’ is a decision system, not a prediction model. This is because fairness is about the consequences on human lives, created by a decision, not by a prediction. In this paper, we clarify the distinction between the concepts of prediction and decision and show the different ways in which these two elements influence the final fairness properties of a prediction-based decision system. As well as discussing this relationship both from a conceptual and a practical point of view, we propose a framework that enables a better understanding and reasoning of the conceptual logic of creating fairness in prediction-based decision-making. In our framework, we specify different roles, namely the ‘prediction-modeler’ and the ‘decision-maker,’ and the information required from each of them for being able to implement fairness of the system. Our framework allows for deriving distinct responsibilities for both roles and discussing some insights related to ethical and legal requirements. Our contribution is twofold. First, we offer a new perspective shifting the focus from an abstract concept of algorithmic fairness to the concrete context-dependent nature of algorithmic decision-making, where different actors exist, can have different goals, and may act independently. In addition, we provide a conceptual framework that can help structure prediction-based decision problems with respect to fairness issues, identify responsibilities, and implement fairness governance mechanisms in real-world scenarios. (shrink)

Knowledge and respect exhibit a puzzling self-other asymmetry: Self-respect generates an imperative to know oneself, but as the objectionability of paternalism and privacy violations illustrate, respect for others can require that we avoid acquiring, or making use of, knowledge we have about them. This article elaborates this asymmetry and offers a solution to it, rooted in the distinctive importance that self-knowledge has for self-respecting rational agents: Self-respecting agents have reasons to have others defer to their ‘surfaces’ or (...) self-presentations in order to inhibit making themselves vulnerable to others in ways that undermine their self-respect by subordinating their wills to the wills of others, as well as to ensure that self-knowledge can play its desired role in the lives of self-respecting agents. (shrink)

Revelations of personal matters often have negative consequences for social-media users. These consequences trigger frequent warnings, practical rather than moral in nature, that social-media users should consider carefully what they reveal about themselves since their revelations might cause them various difficulties in the future. I set aside such practical considerations and argue that social-media users have a moral obligation to maintain their own privacy that is rooted in the duty to self-censor. Although Anita L. Allen provides a paternalist justification of (...) the duty that supports my position that social-media users are obligated to self-censor what they reveal about themselves, I justify the obligation through considerations that are more palatable to liberals than is paternalism. I accomplish this by arguing that the failure to self-censor often creates for others undue burdens that individuals are obligated morally not to create. In particular, social-media revelations often create undue burdens for those, such as employers and university personnel, who are obligated morally to respect individuals’ privacy in their decision-making processes. I also demonstrate that this argument is not for a broad duty to self-censor, but, rather, for a narrow duty that applies to particular circumstances such as certain uses of social media. (shrink)

Many medical‐ethics advisory boards have concluded that human embryonic stem cell research can be conducted in an ethical manner. Yet, almost all the recommendations of the ethics advisory boards have included a rather obscure requirement: the embryos that are to be destroyed for stem cell research must be treated with profound respect. In none of these recommendations, however, do we see an adequate explanation of what proper respect for human embryos actually entails. In this essay I argue that (...) showing proper respect for human embryos, on the one hand, and simultaneously destroying them for stem cell research, on the other hand, are not mutually exclusive. In addition, I maintain that given current U.S. in vitro fertilization practices, which deliberately produce more embryos than will be implanted, proper respect for surplus embryos requires their use in embryonic stem cell research. (shrink)

The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying (...) speech – that is, speech or other expressive conduct that expresses viewpoints that explicitly reject that all persons should be regarded and treated as free and equal persons or citizens. According to Heyman and Quong, recognition-denying speech falls outside the scope of the right to participate in public discourse (i.e. what it is a right to). In contrast to Heyman and Quong, one can argue that a strong case can be made for viewpoint neutrality on the basis of what can be called a libertarian or Nozickean status-based theory of rights. According to this theory, toleration in a liberal democracy requires respect for the status of persons as thinking agents, and respect for thinking agents and their sovereignty over their own mind requires viewpoint neutrality – that is, a basic right to participate in public discourse as speakers and listeners free from state-imposed viewpoint-based restrictions. All persons should have a basic right to express, hear and consider any viewpoint within public discourse. This doctrine of viewpoint neutrality requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any viewpoint within public discourse, even if it is morally wrong to express, or expose others to, such views. (shrink)

This study concerns the sociotechnical bases of human autonomy. Drawing on recent literature on AI ethics, philosophical literature on dimensions of autonomy, and on independent philosophical scrutiny, we first propose a multi-dimensional model of human autonomy and then discuss how AI systems can support or hinder human autonomy. What emerges is a philosophically motivated picture of autonomy and of the normative requirements personal autonomy poses in the context of algorithmic systems. Ranging from consent to data collection and processing, to (...) computational tasks and interface design, to institutional and societal considerations, various aspects related to sociotechnical systems must be accounted for in order to get the full picture of potential effects of AI systems on human autonomy. It is clear how human agents can, for example, via coercion or manipulation, hinder each other’s autonomy, or how they can respect each other’s autonomy. AI systems can promote or hinder human autonomy, but can they literally respect or disrespect a person’s autonomy? We argue for a philosophical view according to which AI systems—while not moral agents or bearers of duties, and unable to literally respect or disrespect—are governed by so-called “ought-to-be norms.” This explains the normativity at stake with AI systems. The responsible people (designers, users, etc.) have duties and ought-to-do norms, which correspond to these ought-to-be norms. (shrink)

Although neglected by psychology, self-respect has been an integral part of philosophical discussion since Aristotle and continues to be a central issue in contemporary moral philosophy. Within this tradition, self-respect is considered to be based on one's capacity for rationality and leads to behaviors that promote autonomy, such as independence, self-control and tenacity. Self-respect elicits behaviors that one should be treated with respect and requires the development and pursuit of personal standards and life plans that are (...) guided by respect for self and others. In contrast, the psychological concept of self-esteem is grounded in the theories of self-concept. As such, self-esteem is a self-evaluation of competency ratios and opinions of significant others that results in either a positive or negative evaluation of one's worthiness and inclusionary status. The major distinction between the two is that while competency ratios and others' opinions are central to self-esteem, autonomy is central to self-respect. We submit that not only is self-respect important in understanding self-esteem, but that it also uniquely contributes to individual functioning. Research is needed to establish the central properties of self-respect and their effects on individual functioning, developmental factors, and therapeutic approaches. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I (...) argue that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Immanuel Kant, in a much-maligned view, thought that we could only have indirect duties to nonhuman animals who have no inherent moral value since they lack rationality. While there are various responses to this worrisome position, no one seems to consider that animals could conceivably qualify as having rationality, even on Kantian high standards. Animals engage in various activities that could be taken as indicators of the core aspects of rationality that Kant requires for having absolute worth. While these animal (...) behaviors will not prove that animals are rational, we must remember that we also cannot prove that other humans are rational. Instead, my goal is only to provide a basis for a precautionary moral principle that requires treating animals as minimally rational, given that they might be. On this basis, we ought to accept some direct Kantian duties for the respectful treatment of animals. (shrink)

Political respect for nature is an important part of cultivating a more emancipatory and ecologically sustainable politics. As a political principle, it can supplement respect for persons with institutional mechanisms that formally constrain how human power may be exercised over non-human beings and things and that require us to use our power in ways that are attentive to nature’s well-being along with our own. Moreover, when internalized by citizens as part of their shared political ethos and public culture, (...) respect for nature has the potential to protect against the abuse of power in our interpersonal relations with Earth’s non-human parts. Political respect for nature means acknowledging that non-human beings and things count, that they deserve to be treated according to standards of right and that there are principled limits to how human power may be exercised over them. It means formalizing these constraints in the basic structure of society and fostering a public culture of self-restraint and responsiveness. (shrink)

I argue that there are instances in which lying to an innocent and generally competent person respects her autonomy, contrary to arguments by Christine Korsgaard and Onora O’Neill. These authors say that respect for a person’s autonomy requires treating her in a way consistent with the possibility of consent, but I contend that the possibility of consent condition is unworkable. I maintain that lying can respect individual autonomy when being truthful to a person undermines her choices and lying (...) gets her what she would reasonably see herself as having most reason to choose in the circumstances. I make my case by reflecting on lying invitations to a surprise party and on negotiation phenomena. (shrink)

The Convention on Human Rights and Biomedicine confuses respect for a person's right to self-determination with concern about protecting human beings generally. In a legal document, this mixture of deontological with utilitarian considerations undermines what it should preserve: respect for human dignity as the foundation of modern rights-based democracies. Falling prey to the ambiguity of freedom, the Convention blurs the dividing line between morality and the law. The document should be remedied through distinguishing fundamental rights from social 'rights', (...) persons as entitled to the right to self-determination from born humans as entitled to the right to life and from members of the human species as entitled to the morally respo-nsible care of voting majorities. For the cultivating of the required responsibility, the conditions for an adequate public debate should be secured. (shrink)

This paper examines Laura Valentini’s attempt to explain political obligations through her account of social norms, her ‘Agency-Respect View’ (ARV). A great strength of ARV is preserving the ‘content-independence’ of political obligations. However, ARV does not mesh well with the moral phenomenology of political obligations. ARV is able to generate moral requirements that are strikingly weak. Accounting for the far stronger moral force of requirements to obey the law requires appealing to law-independent considerations. Valentini’s account of these (...) factors suggests greater explanatory force of an alternative view she dismisses, to which she refers as the ‘deflationary view.’ In addition, among alternative theories that Valentini rejects is one based on the principle of fair play. I respond to Valentini’s criticisms, thereby demonstrating the continuing applicability of fair play. (shrink)

An important approach to game theory is to examine the consequences of beliefs that rational agents may have about each other. This paper considers respect for public preferences. Consider an agent A who believes that B strictly prefers an option a to an option b. Then A respects B’s preference if A considers the choice of a “infinitely more likely” than the choice of B; equivalently, if A assigns probability 1 to the choice of a given that B chooses (...) a or b. Respect for public preferences requires that if it is common belief that B prefers a to b, then it is common belief that all other agents respect that preference. Along the lines of Blume, Brandenburger and Dekel [4] and Asheim [1], I treat respect for public preferences as a constraint on lexicographic probability systems. The main result is that if respect for public preferences and perfect recall obtains, then players choose in accordance with Iterated Backward Inference. Iterated Backward Inference is a procedure that generalizes standard backward induction reasoning for games of both perfect and imperfect information. From Asheim’s characterization of proper rationalizability [1] it follows that properly rationalizable strategies are consistent with respect for public preferences; hence strategies eliminated by Iterated Backward Inference are not properly rationalizable. (shrink)

Plausibly, you should believe what your total evidence supports. But cases of misleading higher-order evidence—evidence about what your evidence supports—present a challenge to this thought. In such cases, taking both first-order and higher-order evidence at face value leads to a seemingly irrational incoherence between one’s first-order and higher-order attitudes: you will believe P, but also believe that your evidence doesn’t support P. To avoid sanctioning tension between epistemic levels, some authors have abandoned the thought that both first-order and higher-order evidence (...) have rational bearing. This sacrifice is both costly and unnecessary. We propose a principle, Evidential Calibration, which requires rational agents to accommodate first-order evidence correctly, while allowing rational uncertainty about what to believe. At the same time, it rules out irrational tensions between epistemic levels. We show that while there are serious problems for some views on which we can rationally believe, “P, but my evidence doesn’t support P”, Evidential Calibration avoids these problems. An important upshot of our discussion is a new way to think about the relationship between epistemic levels: why first-order and higher-order attitudes should generally be aligned, and why it is sometimes—though not always—problematic when they diverge. (shrink)

Supporters of paternalistic policies argue that interference with risky or dangerous choices for citizens’ own good is permissible, as long as those choices are caused by cognitive irrationality or ignorance. Yet, some liberal thinkers argue that despite human irrationality, paternalistic policies are still wrong because they fail to respect citizens as moral equals. I argue that actually both views are mistaken about what respect for citizens requires, because they conceptualize the citizens’ interests from the wrong standpoint. In order (...) for citizens to be respected as equals, I argue that citizens’ interests must be defined from a joint (second-person) standpoint which is constructed through a dialogical process between policymakers and citizens oriented towards mutual understanding. Furthermore, I argue that engaging citizens in such a dialogue is a distinctive paternalistic intervention in its own right, which unlike other kinds of paternalistic intervention, is compatible with respect for citizens as equals. (shrink)

In A Theory of Justice, John Rawls argues that self-respect is ‘perhaps the most important’ primary good and that its status as such gives crucial support to controversial ideas like the lexical priority of liberty. Given the importance of these ideas for Rawls, it should be no surprise that they have attracted much critical attention. In response to these critics, I give a defense of self-respect that grounds its importance in Rawls’s moral conception of the person. I show (...) that this understanding of self-respect goes well beyond giving support to the lexical priority of liberty, also supporting Rawls’s still more controversial view of public reason. On my account, taking self-respect seriously requires the coercive enforcement of public reason. This is a novel argument for public reason, in that it grounds the idea in justice as fairness and mandates its coercive enforcement. (shrink)

Individuals are owed equal respect. But on the basis of what property of individuals are they owed such respect? A popular Kantian answer —rational agency — appears less plausible in light of the growing psychological evidence that human choice is subject to a wide array of biases (framing, laziness, etc.); human beings are neither equal in rational agency nor especially robust rational agents. Defenders of this Kantian answer thus need a non-ideal theory of equal respect for rational (...) agency, one that takes seriously our characteristic deficiencies of practical rationality without junking the notion that rational agency entitles us to equal respect. This article defends an understanding of respect for rational agency wherein the object of such respect is individuals’ aspiration to rationally govern their lives. This understanding of respect for rational agency retains the core notion of respect as a kind of deference, directs respect at persons, has suitably egalitarian implications, and does not require us to deny the aforementioned psychological evidence regarding the infirmities of human rationality. (shrink)

The goal of this paper is to offer some remarks about how teachers, especially teachers of moral theories and arguments, should respond to insulting messages about disability that may be expressed in their courses. While there is a strong prima facie presumption for instructors to convey the truth as they see it, this is not an absolute requirement when the views they teach have a tendency to be insulting. I investigate some circumstances in which a moral view embeds and expresses (...) an insulting message about disability and I argue that affording due respect to their students requires ethics instructors to be alert to disparaging messages about disability and to send counter-messages when the views they teach give such messages. (shrink)

We formulate a distinctly 'political liberal' conception of mutual respect, which we call 'civic respect', appropriate for governing the public political relations of citizens in pluralist democratic societies. A political liberal account of education should aim at ensuring that students, as future citizens, learn to interact with other citizens on the basis of civic respect. While children should be required to attend educational institutions that will inculcate in them the skills and concepts necessary for them to be (...) free and equal citizens, parents should be granted as much freedom as is compatible with the requirements of civic respect to raise their children in accordance with their respective 'comprehensive doctrines' (systems of beliefs and values, including religious doctrines). We consider an objection to our position drawn from the account of upbringing recently advanced by Matthew Clayton, namely, that the conception of civic respect that we advance rests on an implausible view about the limited scope of the requirements of political justice. We develop an account of the 'basic structure of society' as the appropriate subject of political justice that can overcome this objection. (shrink)