Young citizens are increasingly being invited to take part in participatory democracy meetings as joint decision-making has grown popular in public administration. The backbone of participatory democracy is that some authority is granted to the citizenry and by drawing on video data from a year-long participatory project, this conversation analytic study shows that the adolescents are instructed to a deontic role rooted in epistemics, benefactive considerations, as well as temporal aspects relating to future citizenship and hope. The institutional representatives perform (...) actions that determine how the adolescents should, in their turn, perform actions of influence. In this way, authority is ascribed through an ambivalent configuration in which compliance with the directives is supposed to establish a strengthened deontic position. (shrink)

Sexual consent is advocated around the world to reduce sexual assault. The widespread affirmative consent model emphasizes a need for unambiguous consent. In this paper, we contribute to a deeper understanding of how ambiguities in the initiations of sexual activities are routinely solved to achieve consent. Drawing on conversation analytic research on joint decision-making, and a dataset of 80 cases of sexual initiation in contemporary TV-series and movies, we investigate the interactional practices by which sexual activities are presented as consensual (...) and how consent is achieved across sequences of interaction. We found there to be social advantages of synchronous initiation, compared to sequential verbal initiations, which were associated with various social vulnerabilities. These vulnerabilities could however be circumvented by two practices, each of which made use of a distinct combination of verbal and embodied resources. While ambiguities exist, our results oppose the idea of sexual consent as a practically hopeless and awkward endeavor. Instead, consent consists of joint action that is achieved through recognizable and systematic ways. (shrink)

In this paper, I explore the prospects for risk-based arguments in favour of anti-natalism, which explain the wrongness of procreation in terms of wrongful risk-imposition on the resultant child. After considering and rejecting two risk-based arguments from the existing literature - David Benatar's and Matti Häyry's - I propose a more promising version that focuses on the lack of appropriate justification for imposing the risks of existence, namely, one that refers to the essential interests of the child on whom those (...) risks are imposed. The paper proceeds in four parts. In Part 2, I set the stage for my discussion by clarifying the basic structure of risk-based arguments and identifying some of their important features. In Parts 3-5, I consider three distinct risk-based arguments for anti-natalism and argue that only the third, justificatory argument has the potential to be successful. (shrink)

In this article I reconsider David Benatar's primary argument for anti‐natalism—the asymmetry argument—and outline a three‐step process for rejecting it. I begin in Part 2 by reconstructing the asymmetry argument into three main premises. I then turn in Parts 3–5 to explain how each of these premises is in fact false. Finally, I conclude in Part 6 by considering the relationship between the asymmetry argument and the quality of life argument in Benatar's overall case for anti‐natalism and argue that it (...) is the latter argument that is actually doing the work. In this sense, the asymmetry argument is not only unsuccessful in generating Benatar's anti‐natalist conclusion, it is also unnecessary as well. (shrink)

Is it wrong to bring new children into existence when there are so many existing children in need of parental care? Several philosophers have defended the view that prospective parents have a pro tanto​ duty to adopt rather than procreate as a means of fulfilling their interest in parenting. The most prominent argument for this view in the existing literature is the rescue-based argument, which derives an individual duty to adopt rather than procreate from a more general duty to rescue (...) or assist those in need. In this paper, I critically examine the rescue-based argument and explain why it fails. First, I argue that we do not necessarily have a duty to rescue in cases that resemble the global orphan crisis, where one’s intervention is merely sufficient to prevent serious harm to a potential victim. Second, I argue that even if we had such a duty, it would not necessarily generate a duty to adopt rather than procreate given the significant financial, emotional, and agency-related costs of adoption, particularly in current, non-ideal conditions. The upshot of these arguments is that the rescue-based argument can only generate a duty to adopt rather than procreate with respect to a relatively small constituency of orphaned children, many of whom are likely to be adopted anyway by willing volunteers. In the vast majority of cases, then, the rescue-based argument does not entail that it is wrong to create new children when there are already existing children in need of parental care. (shrink)

Can appealing to children’s rights help to solve the non-identity problem in cases of procreation? A number of philosophers have answered affirmatively, arguing that even if children cannot be harmed by being born into disadvantaged conditions, they may nevertheless be wronged if those conditions fail to meet a minimal standard of decency to which all children are putatively entitled. This paper defends the tenability of this view by outlining and responding to five prominent objections that have been raised against it (...) in the contemporary literature: the identifiability objection; the non-existence objection; the waiving of rights objection, the lack of legitimate complaint objection; and the unfairness objection. (shrink)

Two challenges have faced policymakers during the Covid-19 pandemic: First, they must determine the reliability of expert testimony in the face of uncertainty; second, they must determine the relevance of different kinds of expertise with regard to particular decisions. I argue that both these problems can be fruitfully analyzed through the lens of trust by introducing an in-depth case study of Iceland’s handling of the first wave of the Covid-19 pandemic. I contend that the problem of relevance highlights the limited (...) appeal of a thoroughly technocratic society. Value judgments, best realized through democratic processes, are always lurking in the background. (shrink)

The aim of this study was to identify and analyse ethical decision making in the home care of persons with long-term mental illness. A focus was placed on how health care workers interpret and deal with the principle of autonomy in actual situations. Three focus groups involving mental health nurses who were experienced in the home care of persons with chronic mental illness were conducted in order to stimulate an interactive dialogue on this topic. A constant comparative analysis of the (...) transcribed audiotaped sessions identified a central theme that concerned the moral symbolic meaning of ‘home’. This reflected the health care workers’ conflict between their professional role and their moral role, which they perceived as unclear. (shrink)

I have a hairstylist whose lover was very sick. I’d been seeing this stylist for ten years and we’re good friends. [His lover was] becoming an invalid, not able to get out of bed. He said “I hate to ask you this but would you mind writing a prescription to help us out?” [So] I wrote a prescription to a patient who I had never seen, and I sent it to him in the mail and I heard the next time (...) I went in to get my hair cut that it was the most beautiful experience that my stylist had ever had. It was Valentine’s Day and they had a lovely meal with champagne. And they held each other and then, you know, his partner took his pills and was released. (shrink)

Health professionals do not always have the luxury of making “right” choices. This article introduces the “devil's choice” as a metaphor to describe medical choices that arise in circumstances where all the available options are both unwanted and perverse. Using the devil's choice, the paper criticizes the principle of double effect and provides a re-interpretation of the conventional legal and ethical account of symptom relief in palliative care.

As the suspect interview is one of the key elements of a police investigation, it has received a great deal of merited attention from the scientific community. However, suspect interviews in child sexual abuse (CSA) investigations is an understudied research area. In the present mixed-methods study, we examine Swedish (n= 126) and Norwegian (n= 52) police interviewers' self-reported goals, tactics, and emotional experiences when conducting interviews with suspected CSA offenders. The quantitative analyses found associations between the interviewers' self-reported goals, tactics, (...) and emotions during these types of suspect interviews. Interviewers who reported experiencing more negative emotions were more likely to employ confrontational tactics. Specifically, anger was positively associated with the goal of obtaining a confession and with aggressive tactics like raising one's voice and emphasizing the seriousness of the crime. Frustration and disgust displayed similar patterns. Somewhat contrasting these quantitative results, the thematic analysis identified a strong consensus that emotions should not and do not affect the police interviewers' work. Furthermore, the police interviewers described a range of strategies for managing emotions during the interview and for processing their emotional reactions afterwards. The present findings highlight the relevance of emotional processes in CSA suspect interviews and provide an initial exploration of the potentially complex relationship between the goals, tactics, and emotional experiences of police interviewers who question CSA suspects. (shrink)

The key to the euthanasia debate lies in how best to regulate what doctors do. Opponents of euthanasia frequently warn of the possible negative consequences of legalising physician assisted suicide and active euthanasia while ignoring the covert practice of PAS/AE by doctors and other health professionals. Against the background of survey studies suggesting that anything from 4% to 10% of doctors have intentionally assisted a patient to die, and interview evidence of the unregulated, idiosyncratic nature of underground PAS/AE, this paper (...) assesses three alternatives to the current policy of prohibition. It argues that although legalisation may never succeed in making euthanasia perfectly safe, legalising PAS/AE may nevertheless be safer, and therefore a preferable policy alternative, to prohibition. At a minimum, debate about harm minimisation and the regulation of euthanasia needs to take account of PAS/AE wherever it is practised, both above and below ground. (shrink)

In law and common-sense morality, it is generally assumed that adults who meet a minimum threshold of parental competency have a presumptive right to parent their biological children. But what is the basis of this right? According to one prominent account, the right to parent one’s biological child is best understood as being grounded in an intimate relationship that develops between babies and their birth parents during the process of gestation. This paper identifies three major problems facing this view—the explanatory, (...) adjudicatory, and theoretical problems—and explains how an alternative autonomy-based account is capable of avoiding them. (shrink)

Directed duties are duties that an agent owes to some party – a party who would be wronged if the duty were violated. A ‘direction problem’ asks what it is about a duty in virtue of which it is directed towards one party, if any, rather than another. I discuss three theories of moral direction: control, demand and interest theories. Although none of these theories can be rejected out of hand, all three face serious difficulties.

In a just society, who should be liable for the significant costs associated with creating and raising children? Patrick Tomlin has recently argued that children themselves may be liable on the grounds that they benefit from being raised into independent adults. This view, which Tomlin calls ‘Kids Pay’, depends on the more general principle that a beneficiary can incur an obligation to share in the cost of an essential benefit that the benefactor is responsible for her requiring. I argue in (...) this paper that this principle is both generally false and particularly suspect in the kinds of cases that Tomlin needs it to be true, namely, cases in which a benefactor has created the need to be benefitted to satisfy a self-regarding interest in providing the benefit. In a nutshell, I argue that because parents electively put their children into a needy circumstance for the purpose of satisfying a self-regarding interest in meeting their children’s needs, they lack a legitimate claim against their children to share in its associated costs. (shrink)

The two questions, “What is public health law?” and “How can law improve the public’s health?”, are perennial ones for public health law scholars. They are ideological questions because perceptions about the proper boundaries of law’s role will shape perceptions of what law can do, in an operational sense, to improve health outcomes. They are also theoretical questions, in the sense that, without closing down debate about the limits of public health law, these questions can be addressed by mapping the (...) range of perspectives on how law might “go to work” for the public’s health. Finally, these are immensely practical questions. On our ability to understand the roles that law can play in public health improvement rests our capacity, as a society, to use law strategically as a policy tool. (shrink)

The return to religion has perhaps become the dominant cliche of contemporary theory, which rarely offers anything more than an exaggerated echo of a political reality dominated by religious war. Somehow, the secular age seems to have been replaced by a new era, where political action flows directly from metaphysical conflict. The Faith of the Faithless asks how we might respond. Following Critchley's Infinitely Demanding, this new book builds on its philosophical and political framework, also venturing into the questions of (...) faith, love, religion and violence. Should we defend a version of secularism and quietly accept the slide into a form of theism--or is there another way? From Rousseau's politics and religion to the return to St. Paul in Taubes, Agamben and Badiou, via explorations of politics and original sin in the work of Schmitt and John Gray, Critchley examines whether there can be a faith of the faithless, a belief for unbelievers. Expanding on his debate with Slavoj Zizek, Critchley concludes with a meditation on the question of violence, and the limits of non-violence. (shrink)

This paper provides a systematic account of how artificial intelligence (AI) technologies could harm nonhuman animals and explains why animal harms, often neglected in AI ethics, should be better recognised. After giving reasons for caring about animals and outlining the nature of animal harm, interests, and wellbeing, the paper develops a comprehensive ‘harms framework’ which draws on scientist David Fraser’s influential mapping of human activities that impact on sentient animals. The harms framework is fleshed out with examples inspired by both (...) scholarly literature and media reports. This systematic account and framework should help inform ethical analyses of AI’s impact on animals and serve as a comprehensive and clear basis for the development and regulation of AI technologies to prevent and mitigate harm to nonhumans. (shrink)

Belief-in reports of the form 'S believes in O' have been taken to have at least two senses: factual and evaluative. I begin by briefly suggesting that there is no evidence for two distinct senses, then spend most of the paper developing a general semantics for belief-in reports. I explore, and use my semantics to explain, several features of belief-in reports: the context-dependence of what belief-that reports they entail, their widespread lack of equivalence with belief-that reports, and their neg-raising property. (...) Put roughly, my semantics says that 'S believes in O' a) asserts that, for some contextually salient property F, S believes that O has F and b) presupposes that S either has a belief that O has F for which they meet an affective and evidential requirement or has a belief that O doesn’t have F for which they meet an affective and evidential requirement. (shrink)

I argue that it is rational for a person to believe the conjunction of her beliefs. This involves responding to the Lottery and Preface Paradoxes. In addition, I suggest that in normal circumstances, what it is to believe a conjunction just is to believe its conjuncts.

I argue against the claim that there are principled as well as pragmatic reasons for compromise in politics, even within the context of reasonable moral disagreements such as the abortion controversy.

This paper considers John Doris, Stephen Stich, Alexandra Plakias, and colleagues’ recent attempts to utilize empirical studies of cross-cultural variation in moral judgment to support a version of the argument from disagreement against moral realism. Crucially, Doris et al. claim that the moral disagreements highlighted by these studies are not susceptible to the standard ‘diffusing’ explanations realists have developed in response to earlier versions of the argument. I argue that plausible hypotheses about the cognitive processes underlying ordinary moral judgment and (...) the acquisition of moral norms, when combined with a popular philosophical account of moral inquiry—the method of reflective equilibrium—undercut the anti-realist force of the moral disagreements that Doris et al. describe. I also show that Stich's recent attempt to provide further theoretical support for Doris et al.'s case is unsuccessful. (shrink)

In recent years, there has been an intense public debate about whether and, if so, to what extent investments in nuclear energy should be part of strategies to mitigate climate change. Here, we address this question from an ethical perspective, evaluating different strategies of energy system development in terms of three ethical criteria, which will differentially appeal to proponents of different normative ethical frameworks. Starting from a standard analysis of climate change as arising from an intergenerational collective action problem, we (...) evaluate whether contributions from nuclear energy will, on expectation, increase the likelihood of successfully phasing out fossil fuels in time to avert dangerous global warming. For many socio-economic and geographic contexts, our review of the energy system modeling literature suggests the answer to this question is “yes.” We conclude that, from the point of view of climate change mitigation, investments in nuclear energy as part of a broader energy portfolio will be ethically required to minimize the risks of decarbonization failure, and thus the tail risks of catastrophic global warming. Finally, using a sensitivity analysis, we consider which other aspects of nuclear energy deployment, apart from climate change, have the potential to overturn the ultimate ethical verdict on investments in nuclear energy. Out of several potential considerations, we suggest that its potential interplay — whether beneficial or adverse — with the proliferation of nuclear weapons is the most plausible candidate. (shrink)

While most large companies around the world now have a code of ethics, reported ethical malpractice among some of these does not appear to be abating. The reasons for this are explored, using academic studies, survey reports as well as insights gained from the Institute of Business Ethics' work with large corporations. These indicate that there is a gap between the existence of explicit ethical values and principles, often expressed in the form of a code, and the attitudes and behaviour (...) of the organisation. The paper suggests that two basic reasons appear to be at the heart of the problem: ineffective ethics programmes and deficiencies in corporate culture. The paper concludes that successfully embedded corporate ethical values requires well-designed ethics policies, sustained ethical leadership and incorporation of ethics in organisational processes and strategy as part of an ethical culture at all levels of the organisation. It makes some practical suggestions on how this can be achieved. (shrink)

The first of five commentaries on “Bloomberg's Health Legacy: Urban Innovator or Meddling Nanny?” from the September‐October 2013.

Elective surgery can be cancelled when resources are overwhelmed by emergency cases. We hypothesized that such cancellations, on psychological grounds, are followed also by inferior clinical results and we conducted a retrospective survey of patients following joint replacement surgery. Sixty patients having suffered from administrative cancellation prior to their operation during an 18-month period and with six months follow-up were identified and compared with another 60 matched patients after having the same type of surgery but without prior cancellation. All patients (...) received questionnaires on complications and on visual analogue scale (VAS) assessment on subjective wellbeing and quality of life (QoL) at follow-up. The study group reported 50 complications versus 33 for controls (P < 0.03). A borderline significant difference was found for myocardial infarction, 4 versus 0 (P < 0.05). There was no difference in VAS registration and QoL measurements did not quite reach statistical significance (P = 0.06). Cancellations (postponements) of elective surgery for administrative reasons may be followed by inferior clinical results, and this merits further prospective study. (shrink)

Since the early 1990s, one of the most prominent objections to the use of prenatal or pre-implantation testing to prevent the birth of children with disabilities has focused on the negative judgments it expresses to and about existing persons with disabilities. Commonly known as the expressivist objection, it is based on the conjunction of two key claims: (1) the use or provision of tests to select against disability in offspring expresses negative judgments about existing persons with disabilities; and (2) the (...) expression of these judgments itself constitutes a wrong to those persons. Despite depending on both claims, however, philosophical discussion of the expressivist objection has largely centred on the first: while commentators continue to debate whether disability screening does or does not express negative judgments, relatively little attention has been paid to explaining how the expression of those judgements wrongs persons with disabilities. In this paper, I argue both that whether or not the expressivist objection succeeds will ultimately depend on whether a plausible explanation can be supplied for how persons with disabilities are wronged by the expression of negative judgments, and that the existing literature surrounding relational egalitarianism can provide such an explanation, albeit with important limitations. (shrink)

This article deals with Rabbi Meir Kahane’s assimilation doctrine, an under-studied aspect of previous published research on Kahane. The present study suggests that this doctrine is catalysed by a palingenetic myth of decline and rebirth, which also catalyses Kahane’s ideology. By proposing this, this article aims to offer a new perspective on the understanding of what drives Kahane’s ideology. It is further suggested that Kahane’s palingenetic myth is in part built around a myth of ‘intraracial antagonism’ between the American Jewish (...) Establishment and the ‘common Jew’. Following Bruce Lincoln’s theory of myth, it is here contended that Kahane’s assimilation doctrine is presented as ‘ideology in narrative form’. The study surveys the alleged causes and effects of assimilation, and what solutions Kahane presents to put an end to it. Among the alleged causes, Kahane singles out the AJE’s purported gutting of Jewish religious education, which is said to have alienated Jewish youth from their religion. Aside from curtailing Jewish continuity, Kahane for example identifies Jews engaging in social causes that allegedly run counter to Jewish interests as one alleged effect of assimilation. To end assimilation Kahane promotes a solution of campaigning in Jewish communities to ultimately put a stop to intermarriage, to instil hadar and ahavat Yisroel among Jews by the means of a regenerated Jewish educational system, and to encourage Jews to ‘return’ to Israel. (shrink)

Judging by their contribution to the global burden of death and disability, chronic, non-communicable diseases are the most serious health challenge facing the world today. The statistics tell a frightening story. Over 35 million people died from chronic diseases in 2005 — principally cardiovascular disease, cancer, and chronic respiratory disease. Driven by population growth and population ageing, deaths from non-communicable diseases are expected to increase by 17% over the period 2005-2015, accounting for 69% of global deaths by 2030.Cardiovascular disease, the (...) leading cause of death in all regions except sub-Saharan Africa, is estimated to rise from 17.1 million deaths to 23.4 million deaths. Cancer deaths will increase from 7.4 million to 11.8 million over the same period. Due to population growth, mergers and acquisitions, and the marketing of global cigarette brands in developing countries, deaths from tobacco will rise from 5.4 million per year, through 6.4 million, to 8.3 million by 2030. These figures include a doubling in tobacco deaths in low- and middle-income countries from 3.4 million to 6.8 million lives annually. By 2015, smoking will cause 50% more deaths than HIV/AIDS. (shrink)

To a large extent liability for ICT perils is still a grey area, even though an increasing number of information security researchers adopt economic approaches to highlight market mechanisms and externalities. That is why this article focuses on the need for increased awareness of externalities and liability among ICT professionals and their customers. This is critical to achieve in order to promote appropriate ICT technologies and services with comprehensible privacy and security protection. What is needed is a better understanding of (...) the consequences of externalities from ICT perils. This would benefit customers and increase trust in ICT products and services which in turn may even increase suppliers' profit margin; customers would be prepared to buy more services and products if contracts and service level agreements would accept more liability. Moreover, suppliers could sell guaranties and insurances on top of their products and services. The result would be a win-win situation and would benefit society at large. (shrink)

Throughout the years, there has been an extensive engagement with the philosophy of Søren Kierkegaard from the perspective of Western philosophy and theology. Kierkegaard's thought has been examined through the lenses of Roman Catholicism, Protestantism, existentialism, post-modernism, feminism, and literary theory, to name just a few. Scholars have also offered fruitful comparative analyses of Kierkegaard's work in relation to Asian philosophical and religious traditions such as Buddhism. It is therefore surprising that the engagement between Kierkegaard's philosophy and that of Eastern (...) Orthodox philosophy and thought has heretofore been minimal. This volume offers a comparative analysis of Kierkegaard's philosophy in relation to the philosophy, theology, and spiritual practices of the Eastern Orthodox Church. Kierkegaard's philosophy of sin, his epistemology, and his philosophy of personhood are all analyzed in light of the Eastern Christian tradition. This hermeneutical lens allows important elements of Kierkegaard's philosophy to shine forth, many of which have heretofore not received their due attention in studies of his works. (shrink)

This project presents a comparative philosophical approach to understanding key elements in the philosophy of Søren Kierkegaard by juxtaposing his works with the philosophy and theology of the Eastern Orthodox Church.. The primary aim of the project is to look at three key areas of Kierkegaard’s philosophy that have been either underrepresented or misunderstood in the literature. These three areas are: Kierkegaard’s views on sin and salvation, Kierkegaard’s epistemology, and Kierkegaard’s philosophy of personhood. The dissertation ends with an epilogue that (...) briefly explores a further area where this comparative approach might provide fruitful results, namely Kierkegaard’s views on collective worship. I argue that the revolutionary nature of Kierkegaard’s break with prevalent views in the Western Christian traditions (Protestantism and Roman Catholicism) have not always been fully appreciated due to the fact that he is most often read through the lens of either Western Christianity or the Western philosophical traditions that he came to influence (e.g. existentialism and post-modernism). Viewing Kierkegaard in light of the Eastern Christian tradition offers a new interpretive lens that highlights the extent to which Kierkegaard aimed to break free from standard Western accounts of sin and salvation, knowledge of God, and human personhood. (shrink)

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

This book explores how considerations of justice apply to procreative decision-making. -/- Despite its immense personal significance, procreation is an inherently other-regarding endeavor. By its very nature, the decision to procreate is the decision to bring into existence another morally considerable being, one who will be exposed to the full range of harms, benefits, and risks that accompany a typical human life, and one who cannot by its nature ever consent to being born. Moreover, when this decision is undertaken in (...) a community of persons, it is also a decision to affect the lives of others in a host of profound if often underappreciated ways, from its effects on population size and environmental sustainability to its consequences for a community’s distribution of resources. In many ways, of course, these interests coincide: adults need children for their parenting projects, societies need citizens for the maintenance of their institutions, and children themselves are often happy to have been brought into existence. However, as the book demonstrates, the various interests that are implicated by procreative decision-making can also come into conflict as well, and in ways that raise basic questions of justice. Through a systematic examination of six of these questions, the author argues that taking adequate stock of the conflicting interests at stake in procreative decision-making leads to a narrower view of the conditions under which it is morally permissible to procreate and a much more demanding conception of our procreative responsibilities. -/- Procreative Justice will be of interest to researchers and advanced students working on the morality of procreation and related areas of philosophy, including bioethics, intergenerational ethics, environmental ethics, population ethics, and the ethics of the family. (shrink)