Weighing complex sets of evidence (i.e., from multiple disciplines and often divergent in implications) is increasingly central to properly informed decision-making. Determining “where the weight of evidence lies” is essential both for making maximal use of available evidence and figuring out what to make of such evidence. Weighing evidence in this sense requires an approach that can handle a wide range of evidential sources (completeness), that can combine the evidence with rigor, and that can do so in a (...) way other experts can assess and critique (transparency). But the democratic context in need of weight-of-evidence analysis also places additional constraints on the process, including communicability of the process to the general public, the need for an approach that can be used across a broad range of contexts (scope), and timeliness of process (practicality). I will compare qualitative and quantitative approaches with respect to both traditional epistemic criteria and criteria that arise from the democratic context, and argue that a qualitative explanatory approach can best meet the criteria and elucidate how to utilize the other approaches. This should not be surprising, as the approach I argue for is the one that most closely tracks general scientific reasoning. (shrink)

It is almost universally acknowledged that risks have to be weighed against benefits, but there are different ways to perform the weighing. In conventional risk analysis, collectivist risk-weighing is the standard. This means that an option is accepted if the sum of all individual benefits outweighs the sum of all individual risks. In practices originating in clinical medicine, such as ethical appraisals of clinical trials, individualist risk-weighing is the standard. This implies a much stricter criterion for risk (...) acceptance, namely that the risk to which each individual is exposed should be outweighed by benefits for that same individual. The different choices of risk-weighing methods in different policy areas seem to have emerged from traditional thought patterns and social relations, rather than from explicit deliberations on possible justifications for the alternative ways to weigh risks against benefits. It is not obvious how the prevalent differences in risk-weighing practices can be reconstructed in terms of consistent underlying principles of preventive health or social priority-setting. (shrink)

We are often faced with choices that involve the weighing of people's lives against each other, or the weighing of lives against other good things. These are choices both for individuals and for societies. A person who is terminally ill may have to choose between palliative care and more aggressive treatment, which will give her a longer life but at some cost in suffering. We have to choose between the convenience to ourselves of road and air travel, and (...) the lives of the future people who will be killed by the global warming we cause, through violent weather, tropical disease, and heat waves. We also make choices that affect how many lives there will be in the future: as individuals we choose how many children to have, and societies choose tax policies that influence people's choices about having children. These are all problems of weighing lives. How should we weigh lives? Weighing Lives develops a theoretical basis for answering this practical question. It extends the work and methods of Broome's earlier book Weighing Goods to cover the questions of life and death. Difficult problems come up in the process. In particular, Weighing Lives tackles the well-recognized, awkward problems of the ethics of population. It carefully examines the common intuition that adding people to the population is ethically neutral - neither a good nor a bad thing - but eventually concludes this intuition cannot be fitted into a coherent theory of value. In the course of its argument, Weighing Lives examines many of the issues of contemporary moral theory: the nature of consequentialism and teleology; the transitivity, continuity, and vagueness of betterness; the quantitative conception of wellbeing; the notion of a life worth living; the badness of death; and others. This is a work of philosophy, but one of its distinctive features is that it adopts some of the precise methods of economic theory (without introducing complex mathematics). Not only philosophers, but also economists and political theorists concerned with the practical question of valuing life, should find the book's conclusions highly significant to their work. (shrink)

The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly invoked to (...) justify or to question the extent of available IP protection. The balancing act that underlies the legitimacy of IP is, however, literally impossible to perform. Because we are unable to measure the benefits that IP has for inventors or the costs it has for the public, the scale has nothing to weigh. It conveys a clear sense that IP law can be balanced, but in fact propagates only a visible simulacrum of balance – one that is as empty as it is powerful. (shrink)

In legal theory, it is widely claimed that decisions in hard cases are based on weighing and balancing. However no reconstructions are given of the deep structure of the complex argumentation underlying the justification of these decisions. The author develops a model for the analysis of weighing and balancing of arguments in the justification of judicial decisions that are based on teleological-evaluative considerations. The justification is reconstructed as a complex argumentation that consists of different levels of argumentation and (...) it is explained how these levels of argumentation relate to the burden of proof of a judge who gives a decision that is based on a weighing and balancing in which teleological-evaluative considerations are invoked. (shrink)

Ethicists increasingly reject the scale as a useful metaphor for weighing reasons. Yet they generally retain the metaphor of a reason’s weight. This combination is incoherent. The metaphor of weight entails a very specific scale-based model of weighing reasons, Dual Scale. Justin Snedegar worries that scale-based models of weighing reasons can’t properly weigh reasons against an option. I show that there are, in fact, two different reasons for/against distinctions, and I provide an account of the relationship between (...) the various kinds of reason for and against. With this account in hand, we’ll see that Dual Scale has no problem weighing any kind of reason against. (shrink)

The theory of belief, according to which believing that p essentially involves having as an aim or purpose to believe that p truly, has recently been criticised on the grounds that the putative aim of belief does not interact with the wider aims of believers in the ways we should expect of genuine aims. I argue that this objection to the aim theory fails. When we consider a wider range of deliberative contexts concerning beliefs, it becomes obvious that the aim (...) of belief can interact with and be weighed against the wider aims of agents in the ways required for it to be a genuine aim. (shrink)

This chapter presents examples of the practical problem of weighing lives, from medicine, global warming and elsewhere. It also sets out in general terms the theoretical problem that the book will tackle. The problem is to evaluate distributions of wellbeing, in which wellbeing is distributed across people, across time, and across states of nature.

The classical/balance controversy continued along these lines throughout the first half of the sixties. Then, at about the same time that the classical position lost its leading advocate, the balance position received striking new support from Harry Harris, and independently from Dobzhansky's former student Lewontin, and Lewontin's research partner, Jack Hubby.80 These developments served more to reorient the controversy than to end it — and the resulting “neoclassical”/balance controversy is different enough to be grist for another mill.Social policy considerations no (...) longer play a role in keeping the dispute alive. This particular respect in which the issues have changed is, as Diane Paul suggests in her contribution to this volume, as striking as any other.82 There is, however, little danger of our forgetting that this was once much more than just a narrowly technical controversy — the additional social policy issues were far too blatant.However, although blatant, they were by no means the only, or even the most important, issues. In choosing to concentrate on the social policy considerations, I do not mean to suggest that the empirical issues were irrelevant, or simple and straightforward, or otherwise uninteresting. That is by no means the case. What I have tried to show is that there was much more to the classical/balance stalemate than just the empirical underdetermination of the theoretical issues, and that the empirical issues cannot be treated adequately without taking into account the social policy considerations that were involved. Dobzhansky and Muller both appealed to the dangers of misguided social policy that might have resulted from prematurely resolving their controversy in the other's favor. They called for high empirical standards on those grounds, more than once seeking to forestall the resolution of their dispute in this way. (shrink)

Weighing Lives in War examines the core principles of the modern law of war: necessity, proportionality, and distinction, and provides new and innovative insights into the process of weighing lives implicit in all theories of jus in bello.

Iam appreciative of the thoughtful comments and the diversity of the commentators’ perspectives and backgrounds. I take Hoffman’s original argument about psychotropic medications as risking ‘hyponarrativity’ as my starting point and my reply to her critique will naturally lead to a discussion of psychotherapeutic approach, importance of weighing Mr. A’s underlying autism and important bioethical considerations.It is important to imbed this case within the acuity of its clinical context: This individual presented for psychiatric hospitalization in the context of a...

Normative reasons have become a popular theoretical tool in recent decades. One helpful feature of normative reasons is their weight. The fourteen new essays in this book theorize about many different aspects of weight. Topics range from foundational issues to applications of weight in debates across philosophy.

Even if war, terrorism, and other acts of political violence are inherently wrong, in so radically imperfect a world as our own there remains a need, as Virginia Held suggests, to evaluate such acts so as to distinguish between degrees of their unjustifiability. This essay proposes a notion of deliberative democracy as one criterion for such a comparative evaluation. Expanding on an analysis of the psychologically terrorizing impact of violence borrowed from Hannah Arendt, I suggest that it is principally this (...) that makes for the special wrongness of terrorism, though that by itself does not show that it is never necessary.An effort to distinguish clearly the superiority of states over non-state actors in this regard proves futile, so I conclude that there is no automatic legitimacy to be gained by either sort. It follows that we should weigh an act of political violence on its own demerits irrespective of whether it is done by a state or by a group in opposition to states, and further that we should resist the propagandistic labeling of non-state violence as “evil” or “terroristic,” where such terms beg the question of its relative merits, in context, vis-à-vis state violence. (shrink)

This paper is a response to two sets of published criticisms of the 'Reasons as Evidence’ thesis concerning normative reasons, proposed and defended in earlier papers. According to this thesis, a fact is a normative reason for an agent to Φ just in case this fact is evidence that this agent ought to Φ. John Broome and John Brunero have presented a number of challenging criticisms of this thesis which focus, for the most part, on problems that it appears to (...) confront when it comes to the topic of the weighing of reasons. Our paper responds to all of the criticisms that these critics have provided, shedding fresh light on this interesting topic in the process. (shrink)

This study uses techniques from economics to illuminate fundamental questions in ethics, particularly in the foundations of utilitarianism. Topics considered include the nature of teleological ethics, the foundations of decision theory, the value of equality and the moral significance of a person's continuing identity through time.

Contemporary legal philosophers commonly understand the normative force of law in terms of practical reason. They sharply disagree, however, on how exactly it translates into practical reason. Notably, some have argued that the directives of an authority that meets certain prerequisites of legitimacy generate reasons for action that exclude some otherwise applicable reasons, while others have insisted that such directives can only give rise to reasons that compete with opposing ones in terms of their weight . Does the weighing (...) model provide a normative framework within which law could adequately facilitate correct decision-making? At first glance, the answer appears to be ‘yes’: there seems to be nothing about law-following values—such as coordination reasons, the desirability of social order, deferential expertise, etc.—which prevents them from being factored into our decision-making in terms of normative weight that tips the balance in favor of compliance with law inasmuch as it is worthwhile to comply with it. This impression, however, turns out to be incorrect when, drawing on a body of empirical work in psychology, I observe that many of the practical difficulties law typically addresses are difficulties that have part of their root in biases to which we are systematically susceptible in the settings of our daily activity. I argue that the frequent presence of those biases in contexts of activity which law regulates, and the pivotal role law has in counteracting them, emphatically militate against the weighing model and call for its rejection. (shrink)

In this paper I argue that we can give a plausible account of how to compare pragmatic and evidential normative reasons for belief. The account I offer is given in the form of a ‘defeasing function’. This function allows for a sophisticated comparison of the two types of reasons without assigning complex features to the logical structures of either type of reason.

In his influential discussion of the aim of belief, David Owens argues that any talk of such an ‘aim’ is at best metaphorical. In order for the ‘aim’ of belief to be a genuine aim, it must be weighable with other aims in deliberation, but Owens claims that this is impossible. In previous work, I have pointed out that if we look at a broader range of deliberative contexts involving belief, it becomes clear that the putative aim of belief is (...) capable of being weighed against other aims. Recently, however, Ema Sullivan-Bissett and Paul Noordhof have objected to this response on the grounds that it employs an undefended conception of the aim of belief not shared by Owens, and that it equivocates between importantly different contexts of doxastic deliberation. In this note, I argue that both of these objections fail. (shrink)

In this article, we consider the problem of a discrepancy between, on the one hand, lay prescriptive judgments on the necessity of altruistic actions and, on the other, attributing moral worth to these actions. Based on Kantian theory of morality, we hypothesized that lay attributions of the moral worth of altruistic actions would be inversely related to normative ought-judgments according to which these actions should be performed, as having positive evolutionary-based utilitarian externalities for the actors. To test this general hypothesis, (...) we conducted two experiments using the same set of vignettes that were constructed based on systematically varying such factors as relatedness, reciprocity, the size of donation, and probability of meeting in the future. The results provide overall confirmation of our assumption, as evaluative judgments about the moral worth were inversely dependent on information provided about possible contributions from such consequentialist, payoff-based mechanisms as kinship and expected reciprocity, while prescriptive judgments were positively influenced by such information cues. (shrink)

Questions about when it is right for police forces to investigate alleged offences committed in the more or less distant past have become increasingly pressing. Recent widely publicized cases of child sexual abuse (CSA) and exploitation, sometimes involving high profile individuals, have illustrated the ethical, psychological, and forensic complexities of investigating non-recent child sexual abuse. Hannah Maslen and Colin Paine have developed the Oxford CSA Framework to assist police to weigh the various ethical considerations that militate for and against initiating (...) a CSA investigation. While such a tool is to be welcomed, and while there is much that is helpful in Maslen and Paine's approach, we suggest that the Oxford CSA framework could be strengthened. Our first suggestion is to abandon a proposed distinction between a set of considerations that is said to generate a “presumption” in favor of investigation and other considerations that may supplement or oppose this presumption. Our second suggestion is to review the weightings applied to the considerations within the model, which lack clear justification and create problematic effects. Finally, we suggest that referring the Oxford CSA Framework to a panel with lived and professional experience of CSA could serve important procedural justice goals and enhance the Framework's recommendations. (shrink)

A teleological approach to deciding how we should act underlies the attempted extension of neo-classical economics to environmental issues, with its emphasis on comparative valuation in monetary terms. Such an extension fails because, in the environmental sphere, there are powerful reasons for denying commensurability of the relevant values. But this denial then tends to undercut any weighing of environmental goods. In response to this difficulty, the paper seeks to develop an account of the weighing of goods which would (...) enable us to recognise value as a human creation, while also grounding it in an ecological unity with the wider life of nature. (shrink)

In this issue of the Hastings Center Report, Jason Wasserman and Mark Navin argue that patients without decisional capacity can still have relatively stable wishes or inclinations toward one treatment option over another and that these preferences are “not devoid of moral weight and might therefore guide or at least influence treatment decisions when they cannot be defeated by other considerations.” This position is not controversial among most bioethicists. The hard work comes in sussing out the details of this position. (...) How much moral weight do these preferences have? When should preferences be defeated by other considerations? How should we identify actual preferences, and how should preferences be differentiated and weighed against one another? (shrink)

In this paper, I defend teleological theories of belief against the exclusivity objection. I argue that despite the exclusive influence of truth in doxastic deliberation, multiple epistemic aims interact when we consider what to believe. This is apparent when we focus on the processes involved in specific instances (or concrete cases) of doxastic deliberation, such that the propositions under consideration are specified. First, I out- line a general schema for weighing aims. Second, I discuss recent attempts to defend the (...) teleological position in relation to this schema. And third, I develop and defend my proposal that multiple epistemic aims interact in doxastic deliberation—a possibility which, as of yet, has received no serious attention in the literature. (shrink)

I argue that the lives of domestic and enemy civilians should not receive equal weight in our proportionality calculations. Rather, the lives of enemy civilians ought to be “partially discounted” relative to the lives of domestic civilians. We ought to partially discount the lives of enemy civilians for the following reason (or so I argue). When our military wages a just war, we as civilians vest our right to self-defense in our military. This permits our military to weigh our lives (...) more heavily. Before arguing for this view I first explain why recent accounts attempting to show the opposite – that enemy civilians ought to be weighed more heavily – are mistaken. (shrink)

‘No-platforming’—the practice of denying someone the opportunity to express their opinion at certain venues because of the perceived abhorrent or misguided nature of their view—is a hot topic. Several philosophers have advanced epistemic reasons for using the policy in certain cases. Here we introduce epistemic considerations against no-platforming that are relevant for the reflection on the cases at issue. We then contend that three recent epistemic arguments in favor of no-platforming fail to factor these considerations in and, as a result, (...) offer neither a conclusive justification nor strong epistemic support for no-platforming in any of the relevant cases. Moreover, we argue that, taken together, our epistemic considerations against no-platforming and the three arguments for the policy suggest that no-platforming poses an epistemic dilemma. While advocates and opponents of no-platforming alike have so far overlooked this dilemma, it should be addressed not only to prevent that actual no-platforming decisions create more epistemic harm than good, but also to put us into a better position to justify the policy when it is indeed warranted. (shrink)

After providing a novel taxonomy of lottery procedures for fairly distributing scarce goods, I defend a new weighted lottery theory. This taxonomy is necessary because the debate between unweighted and weighted lottery theorists overlooks a range of cases, overlap cases, in which conducting an unweighted lottery is impossible or implausible. Therefore, to account for all such cases, lottery theorists must adopt a weighted lottery. However, while no extant weighted lottery is adequate in overlap cases, my new weighted lottery theory is. (...) I conclude by discussing my theory’s practical implications. (shrink)

Recent advances in human brain organoid systems have raised serious worries about the possibility that these in vitro ‘mini‐brains’ could develop sentience, and thus, moral status. This article considers the relative moral status of sentient human brain organoids and research animals, examining whether we have moral reasons to prefer using one over the other. It argues that, contrary to common intuitions, the wellbeing of sentient human brain organoids should not be granted greater moral consideration than the wellbeing of nonhuman research (...) animals. It does so not by denying that typical humans have higher moral status than animals, but instead by arguing that none of the leading justifications for granting humans higher moral status than nonhuman animals apply to brain organoids. Additionally, it argues that there are no good reasons to be more concerned about the well‐being of human brain organoids compared to those generated from other species. (shrink)

The American Psychological Association's (APA's) as well as other professional organizations' (e.g., American Psychiatric Association) removal of homosexuality as a mental disorder represented a paradigmatic shift in thinking about exual orientation. Since then, APA (2000) disseminated guidelines for working with lesbian, gay, and bisexual (LGB) clients, and a variety of scholars and researchers alike have advocated affirmative therapeutic interventions with LGB individuals. Despite these efforts, the controversy over treating individuals with LGB orientations using nonaffirmative techniques continues. In this discussion, the (...) limited evidence regarding the efficacy and effects of conversion therapy is surveyed, particularly in the context of empirically supported treatment criteria summarized by Division 12 (clinical psychology) of the APA. Authors then consider the resulting ethical considerations in performing conversion therapy and propose alternative uses of affirmative therapy on the basis of ethical standards defined by APA. Finally, options for treating LGB individuals who are coming to terms with their sexual orientations are discussed. (shrink)

A Patient Preference Predictor (PPP)—an algorithm capable of predicting, on the basis of demographic or more personalized data, what an incapacitated patient would prefer were they capacitated—is a...

John Woods and Brent Hudak’s theory on arguments by analogy (1989), although correct in its meta-argumentative approach, gives rise to problems when we consider the possibility of weighing reasons. I contend that this is an outcome of construing the relationship between the premises and the conclusion of arguments compared in argumentation by analogy as inferences. An interpretation in terms of reasons is proposed here. The reasons-based approach solves these problems and allows the theory to be extended to account for (...) a particular variant of argumentation by analogy in which the subjects of comparison are not arguments, but weighings of reasons. (shrink)

Richness theory offers an alternative to the paradigms that have dominated the short history of environmental ethics as a self-conscious field. This alternative theoretical paradigm defines intrinsic value as “richness”—a synonym for “organic unity” or “unity in diversity.” Richness theory can handily reconcile two kinds of ideas that seem to be in tension with each other:that (1) an individual human being has a greater worth than an individual organism of just about any other species; and (2) yet the world would (...) be a better place with substantially fewer humans and/or less consumption per capita, thus leaving more resources for other species.The mutual compatibility of such ideas within the framework of richness theory can be demonstrated both verbally and through a simplified mathematical model. (shrink)

Neuroscientists have located brain activity that prepares or encodes action plans before agents are aware of intending to act. On the basis of these findings and broader agency research, activity in these regions has been proposed as the neural realizers of practical intention. My aim in this paper is to evaluate the case for taking these neural states to be neural representations of intention. I draw on work in philosophy of action on the role and nature of practical intentions to (...) construct a framework of the functional profile of intentions fit for empirical investigation. With this framework, I turn to the broader empirical neuroscience literature on agency to assess these proposed neural representations of intention. I argue that while these neural states in some respects satisfy the functions of intention in planning agency prospective of action, their fit with the role of intention in action execution is not well supported. I close by offering a sketch of which experimental task features could aid in the search for the neural realizer of intention in action. (shrink)

This paper is about how epistemic and practical reasons for belief can be compared against one another when they conflict. It provides a model for determining what one ought to believe, all-things-considered, when there are conflicting epistemic and practical reasons. The model is meant to supplement a form of pluralism about doxastic normativity that I call ‘Inclusivism’. According to Inclusivism, both epistemic and practical considerations can provide genuine normative reasons for belief, and both types of consideration can contribute to metaphysically (...) determining what beliefs one ought, all-things-considered, to have. (shrink)

Thinking back to a published conversation between Parvis Emad and the author on “Questions Concerning the Interlingual Translation of Heidegger’s Keywords”, the essay elaborates on the way-character of translation, and on the weight of words, in the context of Heidegger’s thought. While the text centers on a reading of the word Ereignis in English, in conclusion it calls for abandoning the apparent “sheer impossibility” of translating Geschichte and Historie with two different English words.

Carl Schmitt, in a sense the initiator of Political Theology, proposed that all important political concepts are reinterpretations of or parallels to theological concepts. This insight is in this contribution described and applied to current political thought, for which it is valuable as modern democracies emerge from the secularism of modernism to a more fully self-aware post-secularism.

One of the central normative questions regards a decision between conflicting moral values. A decision of this nature is often required in disciplines such as philosophy, economics and law. According to common terminology, a decision between conflicting values reflects a balance of values, considerations or interests. Several types of questions arise in this context. One category includes substantive questions: which values exist, which considerations should be derived from these values, what is the degree of importance of these considerations, and which (...) principles should be established for deciding between conflicting considerations? Another category includes institutional questions: which individual or body should decide normative questions, and should the normative nature of the decision be manifest or concealed? This paper is an abstract of a book that considers general aspects concerning these questions. (shrink)