The overlap and differences between the parallel regulatory systems for research create ample room for confusion and missteps, as discussed by Barbara Bierer and Mark Barnes in their report in this supplement. In practice, beyond the inherent differences in the two systems of regulations themselves, there are many issues that further complicate the application of these regulations. These include the variation in size of the institutions receiving PHS funding, the increased prevalence of multisite research, the allocation of research conduct and (...) oversight to external organizations, and the variability in assignment of human subject protection roles between the IRB and the institution. (shrink)

El objetivo de este artículo es defender que la obra del filósofo norteamericano Henry Thoreau es importante actualmente para la reflexión ética sobre el medioambiente. En sus obras considera con frecuencia problemas que afectan a nuestro entorno natural, así como a toda la vida en general. La importancia de su pensamiento reside en su biocentrismo y en cómo a partir de él establece unos criterios éticos. Lejos de profundizar en la propuesta thoreauviana, este artículo pretende exponer sus principales cuestiones, desarrolladas (...) alrededor de los conceptos de ‘vida’ y ‘ wilderness’, para a continuación exponer su relevancia contemporánea a través de las interpretaciones opuestas de Philip Cafaro y Daniel Botkin, y de una propuesta actual: la ecología profunda. (shrink)

As the range of conditions for which we can test prenatally expands, society and the medical profession need to develop guidelines about which tests ought to be offered and which ought not to be. Notions of fetal privacy and confidentiality can help to define limits to what parents may reasonably learn about their future child.

Preimplantation genetic diagnosis is a new method of prenatal diagnosis that is developing from a union of in vitro fertilization technology and molecular biology. Briefly stated, PGD involves the creation of several embryos in vitro from the eggs and sperm of an interested couple. The embryos are permitted to develop to a 6-to-10-cell stage, at which point one of the embryonic cells is removed from each embryo and the cellular DNA is analyzed for chromosomal abnormalities or genetic mutations. An embryo (...) or several embryos found to be free of genetic abnormalities are subsequently transferred to the woman's uterus for gestation. Embryos found to carry a genetic abnormality are discarded or frozen. Extra normal embryos may be frozen for future transfer or donation to another couple. (shrink)

“Wrongful birth” is a controversial malpractice action, which has arisen in the past two decades, secondary to an expanding knowledge of human genetics and the constitutionally protected access to abortion. Under the wrongful birth claim, parents of a child with a congenital illness or abnormality may bring suit against a physician who allegedly failed to provide appropriate prenatal counseling or information. Typically, the parents claim that they were inadequately warned of a potential problem in their child, and that this paucity (...) of timely information prevented them from avoiding the pregnancy or from obtaining an abortion. While these cases have arisen in a variety of clinical circumstances, a characteristic example is the obstetrician who fails to offer amniocentesis to a woman of advanced maternal age who subsequently gives birth to a child with Down syndrome. Since the parents were prevented from learning of the abnormality and therefore exercising the option to terminate the pregnancy, they may claim damages for themselves for the wrongful birth of the infant. (shrink)

The Common Rule governs research on human subjects and attempts to balance respect for individual decision-making with efficiency when research risks are low. The regulations allow research to be conducted without consent if the data or biospecimens collected in a study are deidentified, and consent can be waived for identifiable data and biospecimens if the risks of the research are minimal and consent is deemed impracticable. These approaches have been widely used for research using clinical databases and residual clinical and (...) research biospecimens, and they have proven remarkably successful over the past twenty-five years, if success is measured by a lack of adverse events.But the landscape is changing. (shrink)

This Handbook fills a large gap in current scholarly literature on animal abuse studies. It moves considerably beyond the debate that has traditionally dominated the discourse of animal abuse – the link between one-on-one interpersonal violence and animal abuse – and towards those institutionalised forms of animal abuse which are routine, everyday, socially acceptable and invisibilised. Chapters from expert contributors raise issues such as: the use of animals as edibles; vivisection; animal sexual assault; animals used in sport and hunting; animal (...) trafficking; the use of animals by youth gangs, by other groups and in war; species extinction; and the passivity of national and international organisations in combating animal abuse. The Handbook is a unique text: it is essential reading for students, researchers, academics, activists and policy makers involved in understanding and preventing animal abuse. (shrink)

Imagine a genetic counselor working with a young couple pregnant with their first child. The explosion of genetic knowledge and technology in recent years is complicating this professional relationship as a host of new choices brings a few clients with atypical needs. This couple is deaf. They seek not to avoid a child with their disability but rather to assure that the child too will be deaf—a child to share their culture and perspectives on the world. If prenatal diagnosis indicates (...) that the prospective child would be hearing, they intend to terminate the pregnancy and try again. So, how should the counselor respond to this request for services? Does a traditional deference to parental autonomy in reproductive matters require that we respect such decisions by informed couples? More broadly, what are the concepts by which society will guide policy in this new and sensitive domain? (shrink)

Précis for a book symposium, with contributions from Meg Wallace, Louis deRosset, and Chris Tillman and Joshua Spencer.

The controversy over the old ideal of “value-free science” has cooled significantly over the past decade. Many philosophers of science now agree that even ethical and political values may play a substantial role in all aspects of scientific inquiry. Consequently, in the last few years, work in science and values has become more specific: Which values may influence science, and in which ways? Or, how do we distinguish illegitimate from illegitimate kinds of influence? In this paper, I argue that this (...) problem requires philosophers of science to take a new direction. I present two case studies in the influence of values on scientific inquiry: feminist values in archaeology and commercial values in pharmaceutical research. I offer a preliminary assessment of these cases, that the influence of values was legitimate in the feminist case, but not in the pharmaceutical case. I then turn to three major approaches to distinguish legitimate from illegitimate influences of values, including the distinction between epistemic and non-epistemic values and Heather Douglas’ distinction between direct and indirect roles for values. I argue that none of these three approaches gives an adequate analysis of the two cases. In the concluding section, I briefly sketch my own approach, which draws more heavily on ethics than the others, and is more promising as a solution to the current problem. This is the new direction in which I think science and values should move. (shrink)

It is unclear whether the regulatory distinction between non-identifiable and identifiable information—information used to determine informed consent practices for the use of clinically derived samples for genetic research—is meaningful to patients. The objective of this study was to examine patients' attitudes and preferences regarding use of anonymous and identifiable clinical samples for genetic research. Telephone interviews were conducted with 1,193 patients recruited from general medicine, thoracic surgery, or medical oncology clinics at five United States academic medical centers. Wanting to know (...) about research being done was important to 72% of patients when samples would be anonymous and to 81% of patients when samples would be identifiable. Only 17% wanted to know about the identifiable scenario but not the anonymous scenario. Curiosity-based reasons were the most common among patients who wanted to know about anonymous samples. Of patients wanting to know about either scenario, approximately 57% would require researchers to seek permission, whereas 43% would be satisfied with notification only. Patients were more likely to support permission in the anonymous scenario if they had more education, were Black, less religious, in better health, more private, and less trusting of researchers. The sample, although not representative of the general population, does represent patients at academic medical centers whose clinical samples may be used for genetic research. Few patients expressed preferences consistent with the regulatory distinction between non-identifiable and identifiable information. Data from this study should cause policy-makers to question whether this distinction is useful in relation to research with previously collected clinically derived samples. (shrink)

There has recently been a focus on the question of statue removalism. This concerns what to do with public history statues that honour or otherwise celebrate ethically bad historical figures. The specific wrongs of these statues have been understood in terms of derogatory speech, inapt honours, or supporting bad ideologies. In this paper I understand these bad public history statues as history, and identify a distinctive class of public history-specific wrongs. Specifically, public history plays an important identity-shaping role, and bad (...) public history can commit specifically ontic injustice. Understanding bad public history in terms of ontic injustice helps understand not just to address bad public history statues, but also understand the value of public history more broadly. (shrink)

Evidence is often taken to be “normative” for doxastic agents. What accounts for the normativity of evidence? According to the view that I'll call “evidential minimalism”, there is a close connection between strong evidence for the truth of p and a normative reason to believe p: evidence is either itself a normative reason for belief, or evidence gives rise to such a reason when certain other minimal conditions are met. In this paper, I argue against evidential minimalism. I will argue (...) that there are cases where: (i) an individual S possesses strong evidence E for the truth of p at time t, (ii) all other minimal conditions for the normativity of E are met at t, (iii) S doesn't believe p at t, yet (iv) S isn't open to any form of criticism on account of (i)–(iii) at t. I will then formulate a plausible linking claim connecting openness to criticism and the existence of normative reasons for belief. The minimalist can either accept or reject this linking claim. I will argue that, either way, the minimalist view falters. (shrink)

Consequentialists say we may always promote the good. Deontologists object: not if that means killing one to save five. “Consequentializers” reply: this act is wrong, but it is not for the best, since killing is worse than letting die. I argue that this reply undercuts the “compellingness” of consequentialism, which comes from an outcome-based view of action that collapses the distinction between killing and letting die.

ABSTRACT In this article, we first document the virtually complete absence of infectious disease examples and concerns at the time bioethics emerged as a field. We then argue that this oversight was not benign by considering two central issues in the field, informed consent and distributive justice, and showing how they might have been framed differently had infectiousness been at the forefront of concern. The solution to this omission might be to apply standard approaches in liberal bioethics, such as autonomy (...) and the harm principle, to infectious examples. We argue that this is insufficient, however. Taking infectious disease into account requires understanding the patient as victim and as vector. Infectiousness reminds us that as autonomous agents we are both embodied and vulnerable in our relationships with others. We conclude by applying this reunderstanding of agency to the examples of informed consent and distributive justice in health care. (shrink)

ABSTRACT In this article, we first document the virtually complete absence of infectious disease examples and concerns at the time bioethics emerged as a field. We then argue that this oversight was not benign by considering two central issues in the field, informed consent and distributive justice, and showing how they might have been framed differently had infectiousness been at the forefront of concern. The solution to this omission might be to apply standard approaches in liberal bioethics, such as autonomy (...) and the harm principle, to infectious examples. We argue that this is insufficient, however. Taking infectious disease into account requires understanding the patient as victim and as vector. Infectiousness reminds us that as autonomous agents we are both embodied and vulnerable in our relationships with others. We conclude by applying this reunderstanding of agency to the examples of informed consent and distributive justice in health care. (shrink)

Journal of Applied Philosophy, EarlyView.

As sharing and secondary research use of biospecimens increases, IRBs and researchers face the challenge of protecting and respecting donors without comprehensive regulations addressing the human subject protection issues posed by biobanking. Variation in IRB biobanking policies about these issues has not been well documented.

Conditionals frequently convey that the antecedent is relevant to the consequent. Recently many authors have argued that this relevance is part of the conventional meaning of conditionals, but this approach fails to account for many examples where a conditional is used to conveyirrelevance of antecedent to consequent. Both types of conditionals are best explained by a conventional meaning with no relevance requirement, and a separate process of coherence establishment among successive clauses in discourse. This account is supported by the distribution (...) of discourse particles and is able to account for experimental studies used to support the conventionalist position. (shrink)

Champions of virtue ethics frequently appeal to moral perception: the notion that virtuous people can “see” what to do. According to a traditional account of virtue, the cultivation of proper feeling through imitation and habituation issues in a sensitivity to reasons to act. Thus, we learn to see what to do by coming to feel the demands of courage, kindness, and the like. But virtue ethics also claims superiority over other theories that adopt a perceptual moral epistemology, such as intuitionism (...) – which John McDowell criticizes for illicitly “borrow[ing] the epistemological credentials” of perception. In this paper, I suggest that the most promising way for virtue ethics to use perceptual metaphors innocuously is by adopting a skill model of virtue, on which the virtues are modeled on forms of practical know-how. Yet I contend that this model is double-edged for virtue ethics. The skill model belies some central ambitions and dogmas of the traditional view, especially its most idealized claims about virtue and the virtuous. While this may be a cost that its champions are unprepared to pay, I suggest that virtue ethics would do well to embrace a more realistic moral psychology and a correspondingly less sublime conception of virtue. (shrink)

A symposium on my *Objects: Nothing Out of the Ordinary* (2015). In response to Wallace, I attempt to clarify the dialectical and epistemic role that my arguments from counterexamples were meant to play, I provide a limited defense of the comparison to the Gettier examples, and I embrace the comparison to Moorean anti-skeptical arguments. In response to deRosset, I provide a clearer formulation of conservatism, explain how a conservative should think about the interaction between intuition and science, and discuss what (...) conservatives should say about scattered territories, clonal colonies, and arbitrary systems. In response to Tillman and Spencer, I fortify my original presentation of the debunking arguments by clarifying why, even while trees (if they exist) are paradigmatically causal, conservatives are meant to be rationally obstructed from believing that it is trees that are causing our tree beliefs. (shrink)

Decision-making capacity (DMC) plays an important role in clinical practice—determining, on the basis of a patient’s decisional abilities, whether they are entitled to make their own medical decisions or whether a surrogate must be secured to participate in decisions on their behalf. As a result, it’s critical that we get things right—that our conceptual framework be well-suited to the task of helping practitioners systematically sort through the relevant ethical considerations in a way that reliably and transparently delivers correct verdicts about (...) who should and should not have the authority to make their own medical decisions. Unfortunately, however, the standard approach to DMC does not get things right. It is of virtually no help in identifying and clarifying the relevant ethical considerations. And, embedded in the prevailing anti-paternalist paradigm, DMC assessments obfuscate and distort the underlying ethical justification for granting or withholding decisional authority. Here, we describe the core commitments of the standard approach to DMC and then highlight three problems with it. We then argue that these problems are significant enough that they call for more than merely tinkering and fine tuning—variations of the standard approach cannot adequately address them. Instead, we should ditch DMC. (shrink)

Cryonics is the practice of cryopreserving the bodies or brains of legally dead individuals with the hope that these individuals will be reanimated in the future. A standard argument for cryonics says that cryonics is prudentially justified despite uncertainty about its success because at worst it will leave you no worse off than you otherwise would have been had you not chosen cryonics, and at best it will leave you much better off than you otherwise would have been. Thus, it (...) is a good, no-risk bet; in game-theoretic terms, cryonics is a weakly dominant strategy relative to refraining from utilizing cryonics. I object to this argument for two reasons. First, I argue that there is a practically relevant chance that cryonics will put you into an inescapable and very bad situation. Hence, cryonics is neither a no-risk bet nor a weakly dominant strategy. Second, I argue that the experience of being reanimated and living in the distant future would likely be transformative, and this likelihood undermines your justification for thinking that reanimation would be beneficial to you. I conclude that the standard argument does not show that cryonics is prudentially justified. (shrink)

One very popular kind of semantics for subjunctive conditionals is aclosest-worlds account along the lines of theories given by David Lewisand Robert Stalnaker. If we could give the same sort of semantics forindicative conditionals, we would have a more unified account of themeaning of ``if ... then ...'' statements, one with manyadvantages for explaining the behaviour of conditional sentences. Such atreatment of indicative conditionals, however, has faced a battery ofobjections. This paper outlines a closest-worlds account of indicativeconditionals that does better (...) than some of its cousins in explaining thebehaviour of such conditionals. The paper then discusses objectionsoffered by Dorothy Edgington and Frank Jackson to closest-worldsaccounts of indicative conditionals, and shows that these objections canbe met by the account outlined. (shrink)

The writings of Joseph Henry Woodger (1894–1981) are often taken to exemplify everything that was wrongheaded, misguided, and just plain wrong with early twentieth-century philosophy of biology. Over the years, commentators have said of Woodger: (a) that he was a fervent logical empiricist who tried to impose the explanatory gold standards of physics onto biology, (b) that his philosophical work was completely disconnected from biological science, (c) that he possessed no scientific or philosophical credentials, and (d) that his work was (...) disparaged – if not altogether ignored – by the biologists and philosophers of his era. In this paper, we provide the first systematic examination of Woodger’s oeuvre, and use it to demonstrate that the four preceding claims are false. We argue that Woodger’s ideas have exerted an important influence on biology and philosophy, and submit that the current consensus on his legacy stems from a highly selective reading of his works. By rehabilitating Woodger, we hope to show that there is no good reason to continue to disregard the numerous contributions to the philosophy of biology produced in the decades prior to the professionalization of the discipline. (shrink)

In non-causal explanations, some non-causal facts (such as mathematical, modal or metaphysical) are used to explain some physical facts. However, precisely because these explanations abstract away from causal facts, they face two challenges: 1) it is not clear why would one rather than the other non-causal explanantia be relevant for the explanandum; and 2) why would standing in a particular explanatory relation (e.g., “counterfactual dependence”, “constraint”, “entailment”, “constitution”, “grounding”, and so on), and not in some other, be explanatory. I develop (...) an explanatory relevance account which is based on erotetic constraints and show how it addresses these two challenges. (shrink)

The pessimistic hypothesis is the hypothesis that life is bad for us, in the sense that we are worse off for having come into existence. Suppose this hypothesis turns out to be correct — existence turns out to be more of a burden than a gift. A natural next thought is that we should stop having children. But I contend that this is a mistake; procreation would often be permissible even if the pessimistic hypothesis turned out to be correct. Roughly, (...) this is because we are often in a position to know that future people will approve of having been created, and their approval will not be inappropriate even if they are worse off for having been created. And our respect for the attitudes of future people can permit us to create them. (shrink)

Recent work on Kant’s conception of space has largely put to rest the view that Kant is hostile to actual infinity. Far from limiting our cognition to quantities that are finite or merely potentially infinite, Kant characterizes the ground of all spatial representation as an actually infinite magnitude. I advance this reevaluation a step further by arguing that Kant judges some actual infinities to be greater than others: he claims, for instance, that an infinity of miles is strictly smaller than (...) an infinity of earth-diameters. This inequality follows from Kant’s mereological conception of magnitudes (quanta): the part is (analytically) less than the whole, and an infinity of miles is equal to only a part of an infinity of earth-diameters. This inequality does not, however, imply that Kant’s infinities have transfinite and unequal sizes (quantitates). Because Kant’s conception of size (quantitas) is based on the Eudoxian theory of proportions, infinite magnitudes (quanta) cannot be assigned exact sizes. Infinite magnitudes are immeasurable, but some are greater than others. (shrink)

David Chalmers underestimates the possibility that actually answering the 'hard question' will make both the hard problem and the meta-problem of consciousness evaporate.