Drawing heavily on recent empirical research to update R.M. Hare's two-level utilitarianism and expand Hare's treatment of "intuitive level rules," Gary Varner considers in detail the theory's application to animals while arguing that Hare should have recognized a hierarchy of persons, near-persons, & the merely sentient.

In his recent essay on moral pluralism in environmental ethics, J. Baird Callicott exaggerates the advantages of monism, ignoring the environmentally unsound implications of Leopold’s holism. In addition, he fails to see that Leopold’s view requires the same kind of intellectual schitzophrenia for which he criticizes the version of moral pluralism advocated by Christopher D. Stone in Earth and Other Ethics. If itis plausible to say that holistic entities like ecosystems are directly morally considerable-and that is a very big if-it (...) must be for a very different reason than is usually given for saying that individual human beings are directly morally considerable. (shrink)

Environmentalists are sometimes criticized for implausibly separating human beings from nature. However, in the debate between the "wise-use" and environmental movements, it is the proponents of "wise-use," and not the environmentalists, who implausibly divide human beings from nature. The "wise-use" movement calls for landowners to be compensated whenever environmental regulations reduce the economic value of their land. However, a well-established principle of constitutional law is that compensation is not required if the regulations prevent harm to others. Insofar as they can (...) plausibly be construed as preventing harm to others, then, environmental regulations can be enforced without running afoul of the just compensation clause of the Fifth Amendment. I argue that while the public trust doctrine of U.S. common law can be extended to cover ecological processes on which the long-term wellbeing of the nation and its people depend, environmentalists must do a better job of articulating how this is so. In doing so, however, they will show that the wise use movement's position depends on an implausible separation of humans from the eco-systems on which we depend. (shrink)

Those who conduct research on animals and those who advocate on behalf of animals have more in common than is generally supposed. A more nuanced understanding of the arguments defending animals' interests can help replace the current politics of confrontation with a genuine conversation.

Without looking beyond the conditions under which laying hens typically live in the contemporary U.S. egg industry, we can understand why the production and consumption of factory farmed eggs could be judged immoral. However, the question, What (if anything) is wrong with animal by-products? cannot always be adequately answered by looking at the conditions under which animals live out their productive lives. For the dairy industry looks benign in those terms, but if we look beyond the conditions under which milk (...) cows live, we can better understand some animal rights activists' reasons for objecting to dairy products. The contemporary U.S. dairy industry requires a slaughter industry between one-seventh and one-third the size of the contemporary beef industry. Today, beef slaughter is vastly more humane than poultry slaughter, but if today's beef slaughter industry is judged emmoral, the contemporary dairy industry should be judged similarly immoral, because the two are wedded. This is the deep reason for moral suspicion of the dairy industry. (shrink)

In Use and Abuse Revisited: Response to Pluhar and Varner, Kathryn Paxton George misunderstands the point of my essay, In Defense of the Vegan Ideal: Rhetoric and Bias in the Nutrition Literature. I did not claim that the nutrition literature unambiguously confirms that vegans are not at significantly greater risk of deficiencies than omnivores. Rather than settling any empirical controversy, my aim was to show how the literature can give the casual reader a skewed impression of what is known (...) about the risks of a vegan diet. In this brief rejoinder, I illustrate how two essays by nutritionists in the same volume as George's and my essays, and a referee's report on my manuscript which was authored by a nutritionist, confirm the soundness of this basic insight. (shrink)

Why should governments or individuals invest time and resources in conserving biodiversity? A popular answer is that biodiversity has both instrumental value for humans and intrinsic value in its own right. Defending Biodiversity critically evaluates familiar arguments for these claims and finds that, at best, they provide good reasons for conserving particular species or regions. However, they fail to provide a strong justification for conserving biodiversity per se. Hence, either environmentalists must develop more compelling arguments for conserving biodiversity or else (...) they should modify their agenda. This short precis is an overview of the central findings of our book. (shrink)

In his recent article Should Trees Have Standing? Revisited" Christopher D. Stone has effectively withdrawn his proposal that natural objects be granted legal rights, in response to criticism from the Feinberg/McCloskey camp. Stone now favors a weaker proposal that natural objects be granted what he calls legal "considerateness". I argue that Stone's retreat is both unnecessary and undesirable. I develop the notion of a "de facto" legal right and argue that species already have de facto legal rights as statutory beneficiaries (...) of the "Endangered Species Act of 1973." I conclude that granting certain nonhuman natural entities legal rights is both more important and less costly that Stone and his critics have realized, and that it is not Stone's original proposal which needs rethinking, but the concept of interests at work in the Feinberg/McCloskey position. (shrink)

As arti® cial intelligence moves ever closer to the goal of producing fully autonomous agents, the question of how to design and implement an arti® cial moral agent (AMA) becomes increasingly pressing. Robots possessing autonomous capacities to do things that are useful to humans will also have the capacity to do things that are harmful to humans and other sentient beings. Theoretical challenges to developing arti® cial moral agents result both from controversies among ethicists about moral theory itself, and from (...) computational limits to the implementation of such theories. In this paper the ethical disputes are surveyed, the possibility of a `moral Turing Test ’ is considered and the computational di culties accompanying the diŒerent types of approach are assessed. Human-like performance, which is prone to include immoral actions, may not be acceptable in machines, but moral perfection may be computationally unattainable. The risks posed by autonomous machines ignorantly or deliberately harming people and other sentient beings are great. The development of machines with enough intelligence to assess the eŒects of their actions on sentient beings and act accordingly may ultimately be the most important task faced by the designers of arti® cially intelligent automata. (shrink)

A review of Personhood, Ethics, and Animal Cognition: Situating Animals in Hare’s Two-Level Utilitarianism, by Gary E. Varner. New York, NY: Oxford University Press, 2012. Pp. xv + 336. H/b £40.23. and The Philosophy of Animal Minds, edited by Robert W. Lurz. New York, NY: Cambridge University Press, 2009. Pp. 320. P/b £20.21.

There is much we do not know about nanotechnology. Despite its tremendous promise, nanotechnology today is mostly forecast and fervent hope. Predictions that spending on nanotechnology will increase from current levels of $13 billion to more than $1 trillion by 2015 are no more than that – simply predictions. Hopes that nanotechnology will be an essential part of solving the globe's energy, food, and water problems should be tempered by recalling a century of revolutionary technologies that failed to live up (...) to their early promise such as nuclear energy, supersonic airplanes, or gene therapy. Many other questions continue to nip at nanotechnology's heels, not the least of which are debates about what is and is not technically feasible. Despite these uncertainties, we can have complete confidence in one aspect of nanotechnology's future – it will be subject to a host of regulations. (shrink)

In this essay it will be argued that if preferential treatment for individuals who have suffered from past discrimination is permissible in any context, it should be extended to the allocation of scarce medical resources. This contention will be based on two facts: one, that health care, in particular certain life-saving operations, constitutes a scarce social good similar to but more important than other social goods such as desirable jobs and positions in desirable professional schools; secondly, that a claim can (...) plausibly be made that the greater incidence of death due to heart disease among blacks is a result of the effect of past discrimination. In addition, an argument to the effect that preferential treatment is indeed permissible will be sketched that is based upon a critique of the decision in the Bakke case. (shrink)

Nanotechnology is the latest in a growing list of emerging technologies that includes nuclear technologies, genetics, reproductive biology, biotechnology, information technology, robotics, communication technologies, surveillance technologies, synthetic biology, and neuroscience. As was the case for many of the technologies that came before, a key question facing nanotechnology is what type of regulatory oversight is appropriate for this emerging technology. As two of us wrote several years ago, the question facing nanotechnology is not whether it will be regulated, but when and (...) how.Yet, appropriate regulation of nanotechnology will be challenging. The term “nanotechnology” incorporates a broad, diverse range of materials, technologies, and products, with an even greater spectrum of potential risks and benefits. This technology slashes across the jurisdiction of many existing regulatory statutes and regulatory agencies, and does so across the globe. Nanotechnology is developing at an enormously rapid rate, perhaps surpassing the capability of any potential regulatory framework to keep pace. Finally, the risks of nanotechnology remain largely unknown, both because of the multitude of variations in the technology and because of the limited applicability of traditional toxicological approaches such as structure-activity relationship to nanotechnology products. (shrink)

In perception science, an alternative to focusing on individual sensory systems is to describe the environment to be perceived. We focus on the emergent dynamics of human-environment interactions as an important category of the environment to be perceived. We argue that information about such dynamics is available in subtle patterns of movement variability that, of necessity, stimulate multiple sensory systems.

Subjects and Simulations presents essays focused on suffering and sublimity, representation and subjectivity, and the relation of truth and appearance through engagement with the legacies of Jean Baudrillard and Philippe Lacoue-Labarthe.

As the health care system transitions to a precision medicine approach that tailors clinical care to the genetic profile of the individual patient, there is a potential tension between the clinical uptake of new technologies by providers and the legal system's expectation of the standard of care in applying such technologies. We examine this tension by comparing the type of evidence that physicians and courts are likely to rely on in determining a duty to recommend pharmacogenetic testing of patients prescribed (...) the oral anti-coagulant drug warfarin. There is a large body of inconsistent evidence and factors for and against such testing, but physicians and courts are likely to weigh this evidence differently. The potential implications for medical malpractice risk are evaluated and discussed. (shrink)

Risk management of nanotechnology is challenged by the enormous uncertainties about the risks, benefits, properties, and future direction of nanotechnology applications. Because of these uncertainties, traditional risk management principles such as acceptable risk, cost–benefit analysis, and feasibility are unworkable, as is the newest risk management principle, the precautionary principle. Yet, simply waiting for these uncertainties to be resolved before undertaking risk management efforts would not be prudent, in part because of the growing public concerns about nanotechnology driven by risk perception (...) heuristics such as affect and availability. A more reflexive, incremental, and cooperative risk management approach is required, which not only will help manage emerging risks from nanotechnology applications, but will also create a new risk management model for managing future emerging technologies. (shrink)

Scientific research is subject to a number of regulations which impose incidental (time, place), rather than substantive (type of research), restrictions on scientific research and the knowledge created through such research. In recent years, however, the premise that scientific research and knowledge should be free from substantive regulation has increasingly been called into question. Some have suggested that the law should be used as a tool to substantively restrict research which is dual-use in nature or which raises moral objections. There (...) are, however, some problems with using law to restrict or prohibit certain types of scientific research, including (i) the inherent imprecision of law for regulating complex and rapidly evolving scientific research; (ii) the difficulties of enforcing legal restrictions on an activity that is international in scope; (iii) the limited predictability of the consequences of restricting specific branches of scientific research; (iv) inertia in the legislative process; and (v) the susceptibility of legislators and regulators to inappropriate factors and influence. Rather than using law to restrict scientific research, it may be more appropriate and effective to use a combination of non-traditional legal tools including norms, codes of conduct, restrictions on publication, and scientist-developed voluntary standards to regulate problematic scientific research. (shrink)

In this essay, I examine the relationship between lawsuits for medical malpractice and the legal standard of care. I suggest that there is an insidious, dynamic relationship between physicians' reactions to the recent increase in malpractice litigation and an artificial elevation of the legal standard of care. Since, that is, the legal standard for proper medical care is based upon the community standard of care rather than the reasonable person standard, to the extent that overtreatment or “defensive” medicine becomes widespread (...) as a reaction to malpractice litigation, the legal standard becomes elevated as well. Thus, it will increasingly be the case that unless a physician practices defensive medicine, and hence practices unreasonably, she risks being found liable for medical malpractice. (shrink)

Laboratory studies find a strategic component to moral behaviour that differs in significant ways from common perceptions of how morality works. Models based on a preference for relative payoffs offer an explanation.

E-Z Reader 7 is a processing model of eye-movement control. One constraint imposed on the model is that high-level cognitive processes do not influence eye movements unless normal reading processes are disturbed. I suggest that this constraint is unnecessary, and that the model provides a sensible architecture for explaining how both low- and high-level processes influence eye movements.

Essays examine various sides of medical ethics issues such as euthanasia, organ transplants, and living wills.

Medical technologies, including nanomedicine products, are intended to improve health but in many cases may also create their own health risks. Medical products that create their own health risks differ from most other risk-creating technologies in that the very purpose of the medical technology is to prevent or treat health risks. This paradox of technologies intended to reduce existing risks that may have the effect of creating new risks has two conflicting implications. On one hand, we may be more tolerant (...) of health risks from medical technologies because these products are intended to, and often do, reduce overall health risks and improve our health. The health benefits of a medical technology may outweigh the unavoidable adverse effects of that same technology in an individual patient or in the overall treated population. (shrink)

The qigong state of bigu is believed to be supported by the absorption of qi from the universe. Gamma radiation is ubiquitous in the cosmos and, according to some, may be a possible source of energy for cellular functioning. When the concept of energy is integrated with the concept of dynamical systems, the logic leads to the theory—termed systemic memory—that predicts all systems, from the micro to macro, store information and energy to various degrees. New research indicates that the human (...) body absorbs gamma radiation from the environment and emits high-frequency X rays. There are substantial individual differences in these effects that appear to be related, in part, to the psychological state of the person. Future research can determine if bigu is associated with increased absorption of gamma radiation and/or decreased emission of high frequency X rays. The hypothesis that qi can be viewed as quality information is proposed. (shrink)