Abstractabstract:Interpreters of John Stuart Mill's moral philosophy have long disagreed about whether he was an act or rule utilitarian. Though debate has often focused on Utilitarianism, this paper instead analyzes a less studied work, "Whewell on Moral Philosophy," which contains a more detailed and systematic discussion of moral rules. "Whewell," I argue, favors reading Mill as an act utilitarian: it understands the importance of rules in moral reasoning to arise from the uncertainty under which human action occurs, not from any (...) direct role that rule compliance plays in determining right action. (shrink)

This dissertation analyzes three legal doctrines that regulate unintentional aspects of criminal conduct. Chapter one defends the influence the law grants to an action’s unintended results in determining the extent of the agent’s criminal liability. First, I critique the argument that criminal law’s general mens rea requirement allows a result to affect the extent of a defendant’s criminal liability only if he possesses mens rea with respect to that result. The rules that define offenses and the rules that specify sentences (...) for individual criminal actions each guide conduct, but they do so differently. Effective offense definitions must be framed in terms of mental states, but effective sentencing rules need not be; therefore, mens rea must set the limits of liability, but the extent of liability need not depend on mens rea alone. Second, I argue that sentencing rules can most effectively guide offenders to reduce the risk that their offenses will unintentionally cause harm if those rules grade the seriousness of each offense based on its results, since the primary alternative, grading offenses based on their risk, requires methods of measuring and communicating risk that exceed the capacities of the criminal justice system. While chapter one addresses the extent of liability, chapters two and three address its scope: each presents an account of one of the two types of mens rea used to define unintentional crimes. Recklessness, the subject of chapter two, is often analyzed as requiring defendants to possess a belief (or similar mental state) directed towards the degree of risk an action creates. Defining offenses in terms of an agent’s beliefs about risk, however, guides individuals to evaluate actions in deliberation by estimating the degree of risk they create. And because individuals ordinarily cannot estimate risks accurately, such rules will not effectively guide them to reduce harm. Effective rules, I will argue, must identify prohibited actions in a different way—namely, through the features of those actions that make them unreasonably risky. The definition of recklessness does not itself identify those features directly; instead, by requiring individuals to comply with the standard of conduct of the law-abiding person, recklessness indirectly incorporates into law the social norms that regulate dangerous activities. To be reckless, then, defendants must recognize the features of their conduct in virtue of which it violates such a norm. Finally, chapter three analyzes negligence. Criminal negligence is paradoxical: even though culpability ordinarily requires advertence, negligent defendants are typically understood to be culpable for a risk they inadvertently create. Rather than rejecting culpability for negligence or expanding culpability beyond advertence, I dissolve the paradox by reconceptualizing negligence. Negligent defendants are culpable despite their failure to perceive one risk because they advert to a different risk—the risk that by failing to inquire before acting they will fail to uncover evidence of the risk that they do, in the end, actually fail to perceive. Negligence is epistemic recklessness, the culpable disregard of the risk of inadvertently performing a risky action. Though negligence, like recklessness, involves advertence to risk, it constitutes a distinct form of mens rea because it regulates a different aspect of conduct—the decision to inquire rather than the decision to act. And because omitting inquiry creates only a risk of a risk, negligence is systematically less risky than recklessness, and therefore less culpable. (shrink)

The skeptic says that “knowledge” is an absolute term, whereas the contextualist says that ‘knowledge” is a relationally absolute term. Which is the better hypothesis about “knowledge”? And what implications do these hypotheses about “knowledge” have for knowledge? I argue that the skeptic has the better hypothesis about “knowledge”, but that both hypotheses about “knowledge” have deeply anti‐skeptical implications for knowledge, since both presuppose our capacity for epistemically salient discrimination.

Current accounts suggest that self-referential thought serves a pivotal function in the human ability to simulate the future during mind-wandering. Using experience sampling, this hypothesis was tested in two studies that explored the extent to which self-reflection impacts both retrospection and prospection during mind-wandering. Study 1 demonstrated that a brief period of self-reflection yielded a prospective bias during mind-wandering such that participants’ engaged more frequently in spontaneous future than past thought. In Study 2, individual differences in the strength of self-referential (...) thought — as indexed by the memorial advantage for self rather than other-encoded items — was shown to vary with future thinking during mind-wandering. Together these results confirm that self-reflection is a core component of future thinking during mind-wandering and provide novel evidence that a key function of the autobiographical memory system may be to mentally simulate events in the future. (shrink)

Task unrelated thought (TUT) refers to thought directed away from the current situation, for example a daydream. Three experiments were conducted on healthy participants, with two broad aims. First, to contrast distributed and encapsulated views of cognition by comparing the encoding of categorical and random lists of words (Experiments One and Two). Second, to examine the consequences of experiencing TUT during study on the subsequent retrieval of information (Experiments One, Two, and Three). Experiments One and Two demonstrated lower levels of (...) TUT and higher levels of word-fragment completion whilst encoding categorical relative to random stimuli, supporting the role of a distributed resource in the maintenance of TUT. In addition the results of all three experiments suggested that experiencing TUT during study had a measurable effect on subsequent retrieval. TUT was associated with increased frequency of false alarms at retrieval (Experiment One). In the subsequent experiments TUT was associated with no advantage to retrieval based on recollection, by manipulating instructions at encoding (Experiment Two), and/or at retrieval (Experiment Three). The implications of the results of all three experiments are discussed in terms of recent accounts of memory retrieval and conscious awareness. (shrink)

What contribution can political philosophers make to policy questions, such as the best configuration of the welfare state? On one view, political philosophers set out abstract theories of justice that can guide policy makers in their attempt to transform existing institutions. Yet it rarely seems the case that such a model is used in practice, and it therefore becomes unclear how political philosophy can contribute to policy debates. Following a suggestion from Margaret MacDonald, I consider the view that political philosophers (...) can contribute by drawing attention to relatively neglected values. I develop this view to add the possibility that political philosophers can try to correct a situation in which a particular value, though important, can come to be too highly emphasised. I illustrate the account by considering the rise of the value of ‘responsibility’ in the welfare state, and ultimately the damage that has been done to society to disadvantaged groups by the over-insistence on the importance of responsibility. (shrink)

The principle of exchange seems to be limited in its application, and it cannot serve as a link between utilitarianism and the idea of a market for interpersonal relations. Our preferences concern the inner states of other people as well as their overt behavior. The neglect of this aspect of our preferences is a result of the coupling of utilitarianism with behaviorism. The problem is thus behaviorism, not consequentialism. It might be argued that commensurability is wrong because it sanctions impure (...) practices - aside from any principle of exchange. In reply, it may be argued that the principle of purity is an intuitive one, which must be justified at a higher level. At the intuitive level, the purity principle competes with the view that practices are in some cases too pure already, and that blind purity cannot be maintained without educational deception. The apparent difficulty of making tradeoffs among different kinds of consequences is a problem in practice, not a problem in principle. The difficulty may indeed justify certain prescriptive rules, but a blanket prohibition against impure practices would seem to require considerable defense. (shrink)

In 1927, Walter Lippmann published The Phantom Public, denouncing the ‘mystical fallacy of democracy.’ Decrying romantic democratic models that privilege self-governance, he writes: “I have not happened to meet anybody, from a President of the United States to a professor of political science, who came anywhere near to embodying the accepted ideal of the sovereign and omnicompetent citizen.” Almost 90 years later, Lippmann’s pragmatism is as relevant as ever, and should be applied in new contexts where similar self-governance concerns persist. (...) This paper does just that, repurposing Lippmann’s argument in the context of the ongoing debate over the role of the digital citizen in Big Data management. It is argued that proposals by the Federal Trade Commission, the White House and the US Congress, championing failed notice and choice privacy policy, perpetuate a self-governance fallacy comparable to Lippmann’s, referred to here as the fallacy of data privacy self-management. Even if the digital citizen had the faculties and the system for data privacy self-management, the digital citizen has little time for data governance. We desire the freedom to pursue the ends of digital production, without being inhibited by the means. We want privacy, and safety, but cannot complete all that is required for its protection. If it is true that the fallacy of democracy is similar to the fallacy of data privacy self-management, then perhaps the pragmatic solution is representative data management: a combination of non/for-profit digital dossier management via infomediaries that can ensure the protection of personal data, while freeing individuals from what Lippmann referred to as an ‘unattainable ideal.’. (shrink)

This paper considers the range of possible policy options that are available if we wish to attempt to treat people with cognitive disabilities as equal members of society. It is suggested that the goal of policy should be allow each disabled person to establish a worthwhile place in the world and sets out four policy options: cash compensation, personal enhancement, status enhancement and targeted resource enhancement. The paper argues for the social policy of targeted resource enhancement for individuals with cognitive (...) disabilities, in the form of providing cash with some limits on its use. Taking the example from the UK of ‘self-directed support’ it is argued that such policies can be cost-effective and advance the autonomy of people with cognitive disabilities, especially when compared with current policies of centrally provided services. (shrink)

In a recent article in this journal, Savulescu and Schuklenk defend and extend their earlier arguments against a right to medical conscientious objection in response to criticisms raised by Cowley. I argue that while it would be preferable to be less accommodating of medical conscientious than many countries currently are, Savulescu and Schuklenk's argument that conscientious objection is ‘simply unprofessional’ is mistaken. The professional duties of doctors should be defined in relation to the interests of patients and society, and for (...) reasons set out in this article, these may support limited accommodation of conscientious objection on condition that it does not impede access to services. Moreover, the fact that conscientious objection appears to involve unjustifiable compromise from the objector's point of view is not a reason for society not to offer that compromise. Arguing for robust enforcement of the no-impediment condition, rather than opposing conscientious objection in principle, may be a more effective way of addressing the harms resulting from an over-permissive conscientious objection policy. (shrink)

While philosophers of science have marginally discussed concepts such as ‘nutrient’, ‘naturalness’, ‘food’, or the ‘molecularization’ of nutrition, they have yet to seriously engage with the nutrition sciences. In this paper, I offer one way to begin this engagement by investigating conceptual challenges facing the burgeoning field of nutritional ecology and the question of how organisms construct a ‘balanced’ diet. To provide clarity, I propose the distinction between nutrient balance as a property of foods or dietary patterns and nutrient balancing (...) as an evolved capacity to regulate nutrient intake. This distinction raises conceptual and empirical issues, such as what properties constitute this capacity and whether they are the same in all organisms. Additionally, while scientists use the term ‘balancing’, its intension and extension need further clarification. Based on the literature, the properties of external nutrient detection, internal sensing of nutrient levels, and organismal regulation could provide a basic recipe for nutrient balancing. Next, using an evolutionary lens, I examine nutrient acquisition in some prokaryotes, slime molds, simple multicellular eukaryotes, and in the quirks of multicellular metabolism to raise questions about the origins and universality of balancing. Finally, I build on this explication of balance and balancing by considering how obesity and cancer might respectively elucidate problems of organismal nutrient imbalances versus disrupted cellular nutrient balancing. (shrink)

In this essay we introduce a new tool for studying the patterns of sentential reference within the framework introduced in [2] and known as the language of paradox $\mathcal {L}_{\mathsf {P}}$ : strong $\mathcal {L}_{\mathsf {P}}$ -homomorphisms. In particular, we show that (i) strong $\mathcal {L}_{\mathsf {P}}$ -homomorphisms between $\mathcal {L}_{\mathsf {P}}$ constructions preserve paradoxicality, (ii) many (but not all) earlier results regarding the paradoxicality of $\mathcal {L}_{\mathsf {P}}$ constructions can be recast as special cases of our central result regarding (...) strong $\mathcal {L}_{\mathsf {P}}$ -homomorphisms, and (iii) that we can use strong $\mathcal {L}_{\mathsf { P}}$ -homomorphisms to provide a simple demonstration of the paradoxical nature of a well-known paradox that has not received much attention in this context: the McGee paradox. In addition, along the way we will highlight how strong $\mathcal {L}_{\mathsf {P}}$ -homomorphisms highlight novel connections between the graph-theoretic analyses of paradoxes mobilized in the $\mathcal {L}_{\mathsf {P}}$ framework and the methods and tools of category theory. (shrink)

The everyday expressions of nursing practices are driven by their entanglement in complex flows of social, cultural, political and economic interests. Early expressions of trained nursing practice in the United States and Europe reflect claims of moral, spiritual and clinical exceptionalism. They were both imposed upon—and internalized by—nursing pioneers. These claims were associated with an endogenous narrative of discipline and its physical manifestation in early nursing schools and hospitals, which functioned as “total institutions.” By contrast, the external forces—diffuse yet pervasive—impacting (...) upon contemporary nursing more closely align with the power dynamics explored in Gilles Deleuze's concept of the Society of Control. The example of sensor technology and telemetric monitoring of nurses’ locations in the clinical setting exemplifies the intense presence of surveillance, performance metrics and the “rationalization” of nursing practice. It falls upon nurses to recognize, accept or challenge these dynamics in order to shape the future of nursing practice into a discipline which embodies our values and priorities. (shrink)

Medical and public health research includes surveys, interviews, and biospecimens — techniques that do not present substantial risks to subjects. Consequently, this research is exempt from regulation under the Federal Common Rule. Nevertheless, at many institutions, exempt research is frequently subject to the same regulatory process that is required for non-exempt research, requiring the consumption of time and resources for review by Institutional Review Board members or staff. The federal government has indicated an intention to reform and centralize this system, (...) but has not yet specified the form that it will use instead. By examining the policies of the top 50 research institutions, this article assesses institutional practices surrounding exempt research, quantifies the extent of exempt-research review requirements, documents a problem of “over-compliance,” and makes recommendations for reform. (shrink)

In folk psychology and some academic psychology, utilitarian thinking is associated with coldness and deontological thinking is associated with emotion. I suggest, mostly through personal examples, that these associations are far from perfect. Utilitarians experience emotions, which sometimes derive from, and sometimes cause or reinforce, their moral judgments.

This paper argues that Locke often used "ideas" to stand for qualities, and used the quality-word "mode" to stand for ideas, because of a substantive conflation in his thought; not because of a mere superficial ambiguity in his use of the word "idea." Suggestions are offered as to the possible sources of this conflation.

Perhaps the biggest radically unsolved problem about Part II of the Ethics is something that occurs in Part I, namely the definition of ‘attribute’ as ‘that which intellect perceives of substance as its essence’ (1d4). The term ‘intellect’ brings in just one of the attributes, namely thought, raising the question: A. What special privilege does thought have that entitles it to figure in the explanation of the..

Many instances of scientific research impose risks, not just on participants and scientists but also on third parties. This class of social risks unifies a range of problems previously treated as distinct phenomena, including so-called bystander risks, biosafety concerns arising from gain-of-function research, the misuse of the results of dual-use research, and the harm caused by inductive risks. The standard approach to these problems has been to extend two familiar principles from human subjects research regulations—a favorable risk-benefit ratio and informed (...) consent. We argue, however, that these moral principles will be difficult to satisfy in the context of widely distributed social risks about which affected parties may reasonably disagree. We propose that framing these risks as political rather than moral problems may offer another way. By borrowing lessons from political philosophy, we propose a framework that unifies our discussion of social risks and the possible solutions to them. (shrink)

Keller & Miller's (K&M's) treatment of disorders usefully avoids diagnostic minutiae; but it needs more real-world constraints. Classifying processes by their evolutionary age helps to clarify both evolution and current function. Evolutionarily old, optimised, normative processes deserve special recognition, because they can be studied in animals and computers, and because they provide the machinery through which disorder-related polymorphisms act. (Published Online November 9 2006).

An important measure of the success of an academic institution is evaluation of its moral health. In order to investigate academic integrity in our institution, we administered the Academic Integrity Survey to a representative sample of 384 students from different departments. In addition we performed content analysis on 24 disciplinary hearing files from the previous academic year in order to ascertain which students were brought before the committee and why. Results show that the majority of students perceived academic misconduct as (...) a serious matter. Those who reported high on academic misconduct were concentrated among those who had not done national service, studied in the science faculty, and were Arabic-speaking students. Evaluation of the disciplinary hearings revealed that half the student brought before the committee were Arabic-speaking students despite their relatively small numbers in the college. The findings suggest that prevention of academic misconduct should focus on supporting specific at-risk populations. (shrink)

This paper sets out a framework in which we can distinguish between four types of redistributive attention to the disadvantaged: compensation; personal enhancement; targeted resource enhancement; and status enhancement. It is argued that in certain cases many of us will have strong intuitions in favour or against one or more strategies for addressing disadvantage, and it is further argued that in such cases it is likely that our reactions are based on assumptions about the human good. Hence the two issues (...) — addressing disadvantage and the human good — shed light on one another [1]. (shrink)

The precautionary principle has its origins in debates about environmental policy, but is increasingly invoked in bioethical contexts. John Harris and Søren Holm argue that the principle should be rejected as incoherent, irrational, and representing a fundamental threat to scientific advance and technological progress. This article argues that while there are problems with standard formulations of the principle, Harris and Holm's rejection of all its forms is mistaken. In particular, they focus on strong versions of the principle and fail to (...) recognize that weaker forms, which may escape their criticisms, are both possible and advocated in the literature. (shrink)

There is a charge sometimes made in metaphysics that particular commitments are ‘hypothetical’, ‘dubious’ or ‘suspicious’. There have been two analyses given of what this consists in—due to Crisp (2007) and Cameron (2011). The aim of this paper is to reject both analyses and thereby show that there is no obvious way to press the objection against said commitments that they are ‘dubious’ and objectionable. Later in the paper I consider another account of what it might be to be ‘dubious’, (...) and argue that this too fails. I use Bigelow's (1996) Lucretian properties as a vehicle for the discussions of dubiousness that follow. As a consequence, the paper ends up offering a partial defense of Lucretianism. (shrink)

In a recent Dutch euthanasia case, a woman underwent euthanasia on the basis of an advance directive, having first been sedated without her knowledge and then restrained by members of her family while the euthanasia was administered. This article considers some implications of the criminal court’s acquittal of the doctor who performed the euthanasia. Supporters of advance euthanasia directives have welcomed the judgement as providing a clarification of the law, especially with regard to the admissibility of contextual evidence in interpreting (...) advance euthanasia directives, but suggested that the law regarding advance euthanasia directives should be further relaxed to remove the requirement of current suffering and that an unfortunate consequence of the prosecution is that it is likely to deter doctors from performing euthanasia even in more straightforward cases. This article argues that the court’s endorsement of the use of contextual evidence is problematic, that the case for prioritising prior decisions over current interests has not been advanced by the discussion surrounding this case and that worries about the alleged deterrent effect are not well founded. (shrink)

Our choices about what to eat have crucial implications for our stomachs, the welfare of animals, the natural environment, the arrangement of our society, our pleasure, and our health. So a lot is hanging on our decisions about what we eat. Moreover, these are not merely hypothetical ivory tower cases: every one of us typically makes these decisions (or has them made on our behalf) several times daily!